《二年律令》年代问题研究

A Study of the Date of the Er Nian Lü Ling

《二年律令》的"二年"具有标识意义,但不宜将之理解为律令颁行或制作年代。其所载诸律年代问题,《钱律》的制定在吕后八铢钱前,其年代似应在吕后二年之前。《秩律》与《爵律》是汉制比较成熟完善时的产物,制定的时间应早于律令颁行的时间。《行书律》中的具体例证表明,高帝五年应是汉律制定或施行的时间界限。

Although the 'er nian'(the second year)in the Er Nian Lü Ling(the Second Year Laws 二年律令)indicates a specific date,it was not the year when the laws were issued or formulated.Of the laws contained in the collection,the Qian Lü(Currency Law)must have drawn up before Ba Zhu coins came into use during the reign of Empress Lü.In other words,the law was drawn up before the second year of the reign of Empress Lü.The Zhi Lü(Law of Official Salaries)and Jue Lü(Law of Official Ranks)reflect a period when the Han Dynasty system was quite well developed,and must also have been formulated at an earlier time.The Xing Shu Lü(Communication Law)contains specific examples that suggest the fifth year of Emperor Gaozu of the Han Dynasty as the time limit for the formulation or implementation of the Han Dynasty laws.