由秦律中的“同父”原则看秦汉时期的亲属观念

Kinship Notions in Qin and Han Dynasties:According to “Born of the Same Father” Principle in Qin Statute

出土岳麓秦简之秦律中可见"不同父者,不得相认为兄、姊、弟"的规定,一方面反映了秦代民间社会中存在大量依母系血缘确认兄弟姐妹的现象,另一方面也透露出统治者强调亲属观念中的"同父"原则。从社会习俗看,母系血缘上的重要性即使到了汉初,也仍有相当的影响力,然而在传世文献中"同父为兄弟"则更为常见,成为史家与儒者公认的正统亲属观,并进一步与宗亲观相联系,且这一观念的明确表述可上溯至先秦时期。因此,秦代法律对亲属关系中"同父"原则的强调既出于匡饬风俗的需要,也体现了对传统宗亲观的发扬与强化。

One of the Yuelu Qin statutes stipulates that "(people) not born of the same father cannot recognize each other as elder brother, elder sister and younger brother", which on the one hand reveals the factual priority of maternal blood relationships in determining siblings in folk society, on the other hand, it also implies the emperor’s emphasis on "born of the same father" principle among kinship conceptions. As social customs, the importance of"maternal blood" was still influential in early Han times. However, "of the same paternal blood are brothers" was more frequently mentioned in transmitted texts, which was set as orthodoxy by historians and Confucian scholars, this was further connected with"kinship of a lineage(Zongqin)"notion, and the latter one can be dated back to Pre-Qin texts. Therefore, the accentuation of "born of the same father" principle was aimed to manage the customs, it also reflects a promotion and emphasis on traditional"Zongqin"ideas.