書業與獄訟－－從晚明出版文化論余象斗公案小說的編纂過程與創作意圖

Publication and Lawsuit: Research on the Compilation Process and Creative Intention of Yu Xiangdou's Detective-Style Novel as Seen through the Late-Ming Publication Culture

余象斗於萬曆二十六年，出版一部與包公案迥異之公案小說《廉明公案》，其後又編纂一部《諸司公案》，作為《廉明公案》續編出版。二書中皆出現大量狀詞與判決文，在抽絲剝繭之情節發展中交代法律條文，並於序文中主張唯有賄賂消散，真正的正義才能顯現。余象斗為何作如此序文？其又因何在架構上進行改變？本文從此諸問題出發，首先論述明朝訴訟情況與公案小說流行之相互關係；進而分析《廉明公案》與《諸司公案》之架構與內容，結合同時期之法律用書與日用類書等出版讀物，從中分析書坊主編纂出版與公案小說發展變化之密切關係，進而探討其記載犯罪背後之商業動機。Yu Xiangdou published a detective-style novel Lianming gong'an in 1598 that was totally different from Bao gong'an, and later on wrote Zhusi gong'an as the continuation of Lianming gong'an. There are a large number of legal statements and verdict papers in both of them, in addition to law clauses interwoven with the development of the story plot describing painstaking investigations; the author contended in the preface that real justice could be revealed only when corruption is dissipated. Why did Yu Xiangdou write this preface? And why did he make such a change in the framework of the detective novel genre? In this article I will answer these questions by first discussing the correlation between the situation of litigation and the popularity of detective-style fiction in the Ming dynasty. Next, I will analyze the framework and contents of both Lianming gong'an and Zhusi gong'an. Then, using published law books and encyclopedias from the same period, I will analyze the close relationships between book pubLushing by booksellers, and the development of detective-style novels. Finally, I will explore the commercial motives behind the records of crime.