《律解辩疑》版刻考

An Investigation of the Engraving of Explication of Legal Documents and Explanation of Disputed Cases

法史学界较为一致地认为《律解辩疑》作于洪武十九年(1386年),作者是明初的何广。但是,检阅该书的作者、版本、体例乃至律文及其引注内容,文章认为多有不合情理处,它并非洪武原刻。文章认为国图本《律解辩疑》是后人的重编重刻本,署名为"何广"实际是杨简或魏铭所编;此重编本出现的时间不是在明初而是在明代的中后期。

It is almost unanimously agreed among the law historians in China that Explication of Legal Documents and Explanation of Disputed Cases （《律解辩疑》）was written in 1386 and that the writer was He Guang, who lived in early Ming Dynasty. But through an examination of the writers, editions, and formats, as well as the legal documents, citations and annotations of the book, the author of this paper holds a different opinion, believing that it is not the original engraving shaped during Hong Wu Era. The paper argues that the present edition of （《律解辩疑》）in the National Library was recompiled and reengraved during later generations, that although it was signed as He Guang, yet actually it was recompiled either by Yang Jian or by Wei Ming, and that this recompiled edition did not appear in early Ming Dynasty, but during the middle and late periods of Ming Dynasty.