朝鮮儒者丁若鏞的復仇觀

On the Concept of Revenge of the Chosun Confucian Scholar Ding Ruoyong

本文以十八世紀朝鮮實學儒者丁若鏞的「復仇觀」為主要探討對象，透過梳理丁若鏞《欽欽新書》對復仇的相關論述，呈現茶山復仇理論的淵源、背景與核心關懷，以及朝鮮與中國復仇觀在不同時、空的發展軌跡，進而指出茶山復仇觀的特色與意義。本文之〈一〉先扼要介紹丁若鏞《欽欽新書》與韓國學者對丁若鏞復仇觀的研究概況。〈二〉則透過綜觀十八世紀朝鮮的整體復仇風氣，指出「丙子胡亂」以降，朝鮮朝近二百年間，往往有過度美化復仇的傾向；相對之下，丁若鏞的「復仇觀」則講究務實、法治與明察秋毫的辦案態度，實有特出於時代的態勢。〈三〉則指出茶山的復仇理論與中國經史典籍，如《尚書》、《周禮》、《春秋公羊傳》等的密切關係；然而茶山並不拘泥於經籍之訓詁，而多有獨到的發明與見解；而且茶山對中國著名的復仇案件與復仇論述，也多所評析、議論，充分顯示其博學與深思。〈四〉分析〈祥刑追議〉所載數件朝鮮復仇案例，並析述丁若鏞的復仇觀與當時一般官吏、甚至君主觀念的異同，呈現丁若鏞除擁有先進的法治思想外，同時也懷有政治關懷的時代意義。

The article invetigates the concept of revenge understood by Ding Ruoyong 丁若鏞 (Jeong Yak-yong, 1762-1836), a Chosun scholar of Confucian practical learning in the 18th century. By examining Ding's A New Book on Criminal Law (Qinqin Xinshu 欽欽新書), this research tracese the origin of and background to his theory of revenge, and indicates the particular significance of his theory through comparing the developments of the idea of revenge between Chosun and China. Firstly, I give a brief introduction to Ding's Qinqin Xinshu and review the most recent Korean scholarship on his idea of revenge. Next I point out that , while the idea of revenge had been over-embellished for almost two hundred years after the Qing's invasion in 1636, Ding's idea of revenge, on the contrary, focused on practicality, discernment, and the principle of rule of law. Furthermore, this paper illustrates that Ding's idea of revenge, though inherited from the Chinese classics and historical writings, was original in many ways. Moreover, Ding's brilliant comments and discussions on the well-known cases of revenge in China also demonstrated his erudition. The final part of this paper analyzes the cases of revenge in Chosun, recorded in ＂Deliberation on the Application of the Criminal Law＂ (Xiangxing Zhuiyi 祥刑追議), in order to compare Ding's idea of revenge with that of the contemporary officers and the king. Finally, I conclude thatDing's pioneering idea of rule of law and the political concern distinguished his in Ding's concept of revenge from the mainstream at the time.