读《汉书·艺文志》札记

Reading Note of Ban Gu's Treatise on Arts and Literature

《汉书·艺文志》中"史书附于‘春秋家’",直至东汉中期,"史"仍为书写、记事之人,在观念上不符合后世所说之"史"。从今所见传世及出土文献看,故事、传记类文体尽管较常见,附属性质强烈,难将之视同为史书;从魏晋以来史部独立发展反观之,西汉时史书部类不多,似亦难独立发展。刘向父子校雠群书时,将史书附丽于"春秋家",诚得其宜。《汉书·艺文志》中"律令不载于汉《志》",从刘向父子校雠群书的重心看,即以篇目固定取代往日之单篇别行,或可对律令不载于汉《志》提出新的解释。当时是由单篇律与令共同构成律令法系,不存在由政府统一编纂的律令,理官厘定律令并无实质进展,刘向父子恐亦难为之,故不载录。通过探求董仲舒治狱佚文的表现形式,亦即虚拟甲乙之事或讲述历史故事,考察为何融经义入律令,如何融经义入律令,窥见经义与律令之互动关系,或可丰富对经义折狱的认识。

This article is centered around a discussion of three topics： first, the affiliation of works of history with Chunqiujia; second, the absence of records of statutes and ordinances in the Treatise of on Arts and Literature; third, the form of the Dong Zhongshu Gongyang zhiyu. In the period from the Qin Dynasty to the Eastern Han Dynasty, the term shi still referred to someone who merely recorded events. This clearly showed that, conceptually, the term shi referred more to the simple process of writing, and did still not have the meaning given to it in later periods. Based on received texts and excavated manuscripts, we can observe that literary forms such as anecdotes and biographies are frequently found. However, if we give ample consideration to the fact that these anecdotes or biographies were used to illustrate philosophical arguments, then it becomes difficult to view them as historical works. In retrospect from the perspective of the bibliographical category of ＂histories＇＇ which developed in the Wei-Jin period, then even if history section had become an independent category, this was probably also due to the expansion of the meaning of the term shi. Thus, when Liu Xiang and his son collated and emendated books, it was indeed very appropriate for them to place historical works under the Chunqiujia. From observing the focus of Liu Xiang and his son＇ s collating project-that is, the way they let their own chapter divisions supplant the earlier separately existing individual ＂chapters＂ we propose a new explanation for the fact that ordinances and statutes were not recorded in the Treatise on Arts and Literature of Ban Gu. The legal system in the Qin and Western Han Dynaties was simply composed of individual scattered ordinances and statues. In other words, there never existed a unified set of statues and ordinances compiled by the government. From the time of Emperor Wu and onwards, the statutes and ordinances grew increasingly numerous and complex. Although there were attempts arranging statutes and ordinances, they never made any substantial progress. Since even professional administrators had difficulties producing a coherent legal system, it is not surprising that also Liu Xiang and his son were unable to do this. As to Dong Zhongshu gongyang zhiyu, we find that the extant fragments were imaginary legal cases involving A and B or narrated historical stories, which easily explained law from the perspective of Confucianism interpretation of the classics. At the time when explained law from Confucianism, it is possible that there was a contradiction between the principles of classics and law. Since the decision to either reject or adopt certain interpretations of the meaning of the classics was also like this, this demonstrated the intereonnections between the Confucianism interpretation of the classics and law. It also demonstrated the subjective nature of the trial. In sum, this might enrich our understanding of the Dong Zhongshu gongyang zhiyu.