《■匜》铭文补释及其性质再考 ——附论“牧牛”为何受罚

Reinterpreting the“Ying Yi”Bronzeware Inscription and Re-examining Its Nature:Additional Considerations on Why Mu Niu Was Punished

《■匜》是西周后期的重要彝文,多被认定为一件司法判决书。该文虽然涉及争讼,但其性质并非法律判决,而是周代权贵基于诉讼行为而对于“委质为臣”者(牧牛)的训斥。牧牛遭受重罚,并非无“理”,而是违背了“委质为臣”者所应遵守之“礼”。此铭对于认识西周后期的法律观念以及礼法关系演变有重要价值。

Most scholars regard the“Ying Yi”,an important Yi language inscription of the late Western Zhou Dynasty,as the record of a judicial judgment.Although it involves a lawsuit,this inscription is not actually a legal judgment.Instead,it is an offi cial Western Zhou Dynasty reprimand of a subordinate,Mu Niu,based on a previous lawsuit.Mu Niu’s severe punishment was not unreasonable,as he violated the“rites”that members of the lower class subordinates were required to observe.This inscription is extremely important for understanding the development of legal concepts and the relationship between etiquette and law during the late Western Zhou Dynasty.