Supplementary Argument on the Chapter-titles of the Wei Code

Abstract

This paper is written as a supplement to my former article " On the New Code of Wei Dynasty in China : Research for the Titles of the Eighteen Chapters" in Kokka Gakkai Zasshi Vol. 69 no. 7, 1955, and should be read together with it.The Wei Code is known as the "new code consisting of eighteen chapters" and according to the "Preface (_??__??_)" to the Wei Code cited in the " Treatise on Penal Norms in the History of Chin Dynasty (_??__??__??__??__??_)", thirteen of these eighteen chapters were newly compiled while the other five came down from the predecessor, which was replaced by this code. My fomer article was devoted to the task of identifying the title of each chapter of this code. For I found no suggestion ever made on this subject to be acceptable without reserve.In my opinion, the chapter-title "ch'iu lü _??__??_" should be excluded from the present consideration. According to the "Preface" to the Wei Code, ch'iu lü of the Han Code, in the process of the new codification, left out its essential part, namely the provisions concerning detention, examination and adjudgement of criminals (_??__??__??__??__??__??__??__??_). These provisions, however, must have been part and parcel of ch'ih lü (which is literally translated "the chapter on unconvicted prisoners") of the Han Code. Their omission, therefore, means the total abolition of ch'iu lü itself or more accurately the splitting of it into two chapters : hsi-hsün lü and tuan-yü lü. In this approach, I am led to the conclusion that the chapter-titles of the Wei Code must have been the following : hsing-ming _??__??_, tao _??_, chieh-lüeh _??__??_, tsei _??_, cha-wei _??__??_ hui-wang _??__??_, kao-ho _??__??_, pu _??_, hsi-hsün _??__??_, tuan-yü _??__??_, ch'ing-ch'iü _??__??_, tsa _??_, hu _??_, hsing-shan _??__??_, fa-liu _??__??_, ching-shih _??__??_, ch'ang-tsang _??__??_, and mien-tso _??__??_ (The monosyllabic titles represent the chapters which came down from the Han Code and the bisyllabic ones those newly compiled.)Reaffirming the above opinion which is given in my former article, I write this paper in reply to the recent remarks from Prof. Tomoo Uchida. The argument between myself and prof. Uchida may be summarized as follows :Uchida : -The abolition of ch'iu lü can not be proved because it is not explicitly stated in the documents.Shiga : -The abolition of hsing lü _??__??_-its retitling into hsing-shan lü-in the Wei Code has never been doubted, although no explicit statement about it is found in the documents. If we are not allowed to take further steps than following the explicit statements in documents, then the solution of this sort of problem must be given up.Uchida : -The expression "_??__??__??__??__??__??__??__??_" in the "Preface" can be interpreted as meaning that one chapter under the title of hsi-hsün-tuan-yü lü was newly compiled, although Shiga says that two chapters named hsi-hsün lü and tuan-yü lü were compiled. No decisive data, however, can be found in any document in favour of either one of the two interpretations.Shiga : -Attention should be drawn to a similar expression in T'ang-liu-tien in this connection. In that expression, "_??__??__??__??_" clearly represents two chapters.Uchida : -The expression "five chapters coming down from the predecessor (_??__??__??__??_)" can be interpreted as "coming down from the ancient Code of Li-K'uei _??__??_ " instead of from the Han Code. If this inter-pretatoh is correct, the problem should be solved in another way : that is to say, "_??__??__??__??_" be regarded as representing one chapter and ch'iu lü be not excluded.