嶽麓書院藏秦簡先王之令解讀及相關問題探討

“Decrees of the Former King”: A Re-interpretation and Discussion of the Qin Slips Collection in the Yuelu Academy

嶽麓書院藏秦簡中的兩條先王之令，是研究秦令的珍貴資料。其中泰上皇之令中的「踐更」，應是指司寇、隱官的行為。這條令是在司寇、隱官踐更者「不能自給糧」的情況下，規定由居縣與作所縣協調提供食糧。昭襄王之令的「詔」字應改釋為「制」，「獻」指「進獻」，「請」指「請求」。分析秦二世時期的天下形勢與南陽郡、南郡的歸屬，參照可能出土於同一座墓葬的嶽麓秦簡中其他簡冊的年代，先王之令「復用」的時間很可能是在秦王政二年、三年，而不是整理者所說的秦二世二年、三年。嶽麓書院藏秦簡中的這兩條先王之令大致屬於大庭脩先生所說的通過第一、第二種方式制訂的令。秦王政即位時，可能存在對先王之令加以認定以決定「復用」與否的情形。

The two “Decrees of the Former King” in the Yuelu Academy collection of Qin slips are a valuable source for the study of the role that decrees played in Qin’s legal system. This paper argues that the term jiangeng (踐更) in the decree issued by Taishang Huang should be read as a predicate rather than a subject as suggested by some other scholars. The term refers to the two legally disadvantaged social groups of state-dependent laborers, sikou (司寇) and yinguan (隱官), who had to perform jiangeng, or statute labor. The decree stipulates that those performing the labor who were unable to provide themselves with food would receive their grain rations from the counties where they resided or where they performed their services. My analysis also reveals that King Zhaoxiang’s decree should be properly referred to as zhi (制), or “regulation”, but not zhao (詔), or “edict.” This paper also interprets the term xian (獻) as “to offer tribute” and the term qing (請) as “to request.” Analysis of the political situation during the Second Emperor’s reign and comparison against other Qin slips of the Yuelu collection that were likely excavated from the same tomb suggest that the “reenactment” of these two decrees took place during the second and third years of King Zheng of Qin and not the second and third years of the Second Emperor as scholars have previously suggested. The two “Decrees of the Former King” in the Yuelu Academy collection were most likely ordinances issued through what Oba Osamu described as the first and second forms of legislative process. At the time of King Zheng’s ascendance to the throne, there could have been a process determining whether or not to reenact the decrees made by his predecessors.