魏晋“本无”、“肉刑”二题论争的微观阅读——从夏侯玄的著述说起

Microscopic Reading in Debate on “Original No” and “Corporal Punishment” in Wei and Jin Dynasty ——beginning from Xiahou Xuan's writings

关于魏晋玄学代表人物夏侯玄的著述,《三国志》裴注引《魏氏春秋》曾有"本无肉刑论"的记载,或以其独立成篇,或混同于《通典》所载夏侯玄关于肉刑的论驳,不留心者实易望文生义。以宏观之解,"本无肉刑论"事关魏晋间政治、法律、哲学思想论争中"本无"、"肉刑"两大命题,现存史料也足以窥视、佐证。以微观之见,对史料本身保持审慎的态度,同时重视、参考、运用其他学术领域相通相关甚至相反的成果,都有益于思考和解决法律史研究中的诸多问题,才不至于将史料阅读分析的"重新"沦为简单的重复。

Xiahou Xuan was a representative of Metaphysics in Wei and Jin Dynasty. About his writings,Pei Zhu noted in Three Kingdoms,by citing from Wei＇s Spring and Autum,＂original no＂and＂corporal punishment＂,either in a separate chapter,or confusing with those about Xiahou Xuan＇s＂corporal punishment＂recorded in Tongdian,which easily makes the inattentive too literally. Macroscopically,the＂original no＂and＂corporal punishment＂theory has to do with the two propositions in the debate on the politics,law,and philosophy between Wei and Jin dynasties,which can be seen and supported in extant historical materials. Microscopically,it is beneficial for considering and solving many of the problems in the study of legal history to remain cautious on historical data itself and at the same time focus on,refer to and make use of the interlinked,related or even opposite results of other academic fields,so that the ＂re-analysis＂of historical data will not perish into simple repetition.