법률의 유가화라는 관점에서 본 한대의 효와 불효

Abstract

The discussion on the term Confucianization of law by Qu Tongzu in 1948 regained academic attention due to the archaeological discoveries of legal manuscripts, such as Shuihudi Qin Jian (睡虎地秦簡) and Zhangjiashan Han Jian (張家山漢簡), excavated in the 1970s and 1980s. While some of Qu Tongzu's arguments were invalidated by these excavated documents, I still consider the theory of Confucianization of law to be valid, albeit with some differences from Qu Tongzu's original ideas. This article specifically focuses on the issue of filial piety and unfilial acts within the context of the Confucianization of law. During the early Western Han period, filial piety transformed from a mere family ethic to a social norm that no one, from the emperor to the common people, should violate. Therefore, various unfilial acts were punished according to the laws of the Han Empire. To comprehend the aspects of Confucianization of law in the Han Dynasty, this study examines two key issues: the crime of unfilial conduct in the Han Code and the method of operating laws known as Chunqiujueyu (春秋決獄: Deciding Cases through the Spring and Autumn Annals). It was confirmed that the ideology and practice of filial piety and unfilial conduct were critical aspects of the Confucianization of law process during the Han Dynasty.