經典、習俗與禮法──對喪服「嫡孫承重」的歷史考察

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關於中國古代的繼嗣承祀原則，日本法制史學家仁井田陞（1904－1966）與滋賀秀三（1921－2008）之間存在分歧。仁井田陞認為，在祭祀繼承人的選定上，「嫡系主義」與「行輩主義」兩大類型因時代不同而互有消長；滋賀秀三則主張，相應於財產上的諸子均分，秦漢以下的繼嗣承祀原則表現為「行輩主義」對「嫡系主義」的取代。區分「嫡系」還是「行輩」繼嗣的一大關鍵在於考察「嫡孫」的地位。體現宗法嫡系繼嗣原則的「嫡孫承重」服制，為反思上述爭議提供了重要視角。魏晉至唐代，「承重」大致保留了經典古禮「承宗廟、爵土之重」的制度意涵，「嫡孫承重」主要施行於封爵世襲之家。宋代臣僚無世爵，「嫡孫承重」失去社會基礎，熙寧八年（1075），行輩優先的承重順序正式從法律上得以確立。與此同時，政治制度不再對「嫡孫承重」向士庶普及構成制約。得益於士大夫對宗法理論的普遍化重釋及其禮儀實踐，元、明、清、三代禮法繼承《家禮》中的「嫡孫承重」，深刻影響了習俗中的承祀服喪。習俗的多元及考證禮學對禮制經驗之維的強調下，「嫡孫承重」禮制在清代仍是富於爭議的話題。經典、習俗與禮法的交互作用，使得秦漢以下的繼嗣承祀並非「行輩」對「嫡系」原則的簡單取代。展現其中的複雜性，有裨理解古人看待禮的不同方式。

Concerning the principles of succession and related customs in ancient China, significant differences are evident between the views held by legal historians Niida Noboru 仁井田陞 (1904-1966) and Shiga Shuzo 滋賀秀三 (1921-2008). Niida maintains that in the selection of heirs, the two major models, namely “direct linealism” 嫡系主義 and “seniority” 行輩主義, have had their own growths and declines in different periods of time; in contrast, Shiga believes that corresponding with the equal division of property, “seniority” had already replaced “direct linealism” following the Qin and Han dynasties. The mourning dress of the mainline grandson, or disun 嫡孫, for his grandfather as the “double heir” 承重, however, provides an important perspective for understanding the principles of the custom and revisting the above contention. From the Wei and Jin to Tang dynasties, inheritance rights embodied the title of nobility and land ownership, and were thus mainly applicable to the succession of noble families. As the mourning dress of the mainline grandson as the “double heir” lost its institutional foundation in the Song dynasty, seniority taking precedence was legally established in the eighth year of the reign of Emperor Shenzong of Song (1075). At the same time, the mourning dress of the mainline grandson as the “double heir” received the opportunity to spread to the common people due to the elimination of institutional constraints and its re-interpretation by scholar-bureaucrats. The ceremonial rites of the Yuan, Ming, and Qing dynasties also adopted the mourning dress of the mainline grandson as the “double heir” from Jiali 家禮 (Family Rites), which had a profound impact on the custom. Because of the diversity of customs as well as the emphasis placed on maintaining the “experience” of the system of rites by textual research on the study of rites, however, the mourning dress of the mainline grandson as the “double heir” remained a controversial topic during the Qing dynasty. Considering the interactions between the classics, customs, and ceremonial rites, one can note seniority did not simply replace direct linealism as well as a certain level of complexity regarding how people at the time treated ritual concepts differently.