割股療親：傳統中國盡孝中的自殘身體及其法律規訓

Curing Relatives by Cutting Meat: Self Mutilation in Traditional Chinese Filial Piety and its Legal Discipline

割股療親是傳統中國的一種以盡孝為主的療疾方法，但其本質是一種自殘行為。從種類上看主要有為父母、公婆、丈夫、兄弟、祖父母割股等，表現出在縱向血親範圍內以為長輩割股為主、在夫妻範圍內以為丈夫割股為主、在橫向血親範圍內以為兄弟割股為主等特徵；其根本原因是身體還報之孝，直接原因是醫學推動，也有利益驅動因素。針對割股療親及其中的自殘身體，士大夫統治階層內部有著強烈爭議，但從法律規訓的歷史進程看，總體以肯定為主。由此可見孝道作為第一推動力及“愚孝不愚”的歷史折射。也正因為此，元明清時期“不予旌表”的法律規訓，最後都被破防，而割股的自殘性也終被法律所淡化。

The practice of ''Cutting thigh to cure relatives'' is a traditional Chinese method of treating illnesses with the ultimate goal of filial piety. Although its popularity emerged and promoted in the form of medicine, cutting the thigh itself is a self-harming behavior towards the body, thus challenging the Confucian filial etiquette of '' body is bestowed by parents and cannot be harmed''. From the perspective of types, ''Cutting thigh to cure relatives'' mainly includes cutting thigh for parents, parents-in-laws, husbands, brothers, grandparents, etc. which reflects the characteristics of cutting thigh mainly for elders within the vertical blood relatives' range, for husbands within the marital range, and for brothers within the horizontal blood relatives' range. The fundamental reason for the practice is a filial piety of body repayment to parents and elders under the concept of body ownership. The direct reason is the promotion of the medical method of ''curing illnesses with human flesh'' recorded in Supplement to Materia Medica written by Chen Cangqi in Tang Dynasty, as well as the medical concept of ''blood and breath (Qi) are interconnected and complementary'' in the family. Of course, it cannot be ruled out that there is a trend of interests that they can be exempted from national servitude and taxation and can get the official praise. Regarding the self-harm of body in the practice of ''cutting thigh '', due to the objective conflict between ''curing relatives with filial piety'' and ''protecting oneself with filial piety'', there has been intense controversy within the ruling class of literati regarding their views. The main representatives who deny the practice of ''cutting thigh to cure relatives'' include Han Yu, Pi Rixiu, Cheng Miao, etc., while the main representatives who affirm it include Liu Zongyuan, Song Qi, Huang Zhen, etc. Both sides have put forward sufficient reasons from their respective positions. For example, deniers believe that apart from seriously violating the Confucian filial piety of '' body is bestowed by parents and cannot be harmed'' and falling into unfilial behavior, there is also a bad intention to evade taxes or pursue fame and fortune; however, supporters believe that although it goes against the Confucian filial piety of protecting the body, it is a pure filial piety that is urgent and necessary to save relatives, which conforms to the true principles of filial piety, and at the same time, it also reflects the effect of the country governing the world with filial piety. However, in spite of this, through bloodline and familial nature affected by the practice of '' cutting thigh to cure relatives'', especially the inherent ''filial piety'' that emanates from it, in the traditional society of ''family and country isomorphism'' and the political context of ''transferring filial piety to loyalty'', local officials at all levels to the supreme ruler are generally moved by this behavior and consider it as ''pure filial piety'' with ''emotions originating from heaven'', therefore, it is often recognized by the official authorities both within and outside the law. Specifically, regarding the legal stance of the country, if the Tang and Song dynasties basically gave the green light to the practice of ''cutting thigh'', then the red light was on throughout the Yuan, Ming, and Qing dynasties. However, legal opposition may not necessarily be fully realized or sustained in practice. In fact, under various social factors, especially the promotion of the concept of ''filial piety and loyalty'', the official commendation for ''cutting thigh to cure relatives'' has not stopped, and sometimes even quite enthusiastic. This shows that filial piety is the first driving force and the historical refraction of ''foolish filial piety is not foolish''. It is also for this reason that the legal rule of ''no honoring'' during the Yuan, Ming and Qing dynasties was eventually broken. and theself-harm of cutting thigh was eventually weakened by the law.