记忆与遗忘的竞赛:清代律学史中的“箭垛”和“失踪者”

A Contest of Memories Lost and Found: On “Targets of Arrows” and “Targets Buried” in Law History Studies of Qing Dynasty

近三十年来的清代律学史研究呈现明显的"箭垛化"和"晚清化"现象,清代前期、中期的许多重要律学家较少被关注。从大量史料中可以勾稽出沈之奇、洪弘绪、万维翰、许梿、潘骏德等一些被遗忘的清代律学"失踪者"的生平剪影,他们乏人问津是趋热避冷的学术惰性使然,深层原因则是未能摆脱启蒙诉求和现代性范式的窠臼。对精心选择的个别历史人物进行不断"箭垛化",实质上是对历史记忆进行破坏性的重编和精简;对历史的"记忆+遗忘"结构保持清醒,才能真正理解学者的生涯命运和学术史的全程图景。

For the past 30 years, law history studies of Qing Dynasty have been focusing on the publication and theme research of Shen Jiaben＇s works while a great many key figures of law in the early and middle phrases of Qing being largely neglected. While depicting life stories and achievements of some forgotten law scholars of Qing Dynasty, such as Shen Zhiqi, Hong Hongxu, Wan Weihan, Xu Lian and Pan Junde, it is found that unpopularity of those scholars can be attributed to a trend in the research circle, which, if viewed from another aspect, reflects a popular thinking mode marked with fixed patterns of modernity and overly pursuit of enlightenment. Upon drawing this, the author points out the ongoing process of shooting arrows at the same target, as focusing too much on one historical figure instead of others, in a way, constitutes recompilation and simplification of historical facts. However, only if we stay alarm to the importance of ＂memories lost＂ as well as ＂memories found＂, can we get a grand picture of how the legalists live their lives and how the law history develops all the way along in a full scale.