진⋅한초 일상에 드리워진 비일상의 폭력 — 살인을 중심으로

초록

This paper delves into the theme of violence in the Qin and Han periods by analyzing homicide cases as documented in excavated bamboo and wooden slips, including legal codes and records of lawsuits. The paper defines violence as the ‘intentional infringement upon the physical integrity of an individual,’ highlighting ‘intent’ as the core element determining the illegality and crime of violence. In ancient Chinese law, this intent is termed ‘zei’ (賊), and ‘zei statutes’ (賊律) are collections of laws addressing the state’s response to intentional, illegal violence. These statutes, categorized into six sections, including general assault and murder, are analyzed with a focus on the general assault and murder section. This section reveals a systematic structure of homicide, injury, and assault. All types of intentional homicide were punished by ‘qi shi’ (棄市), the standard death penalty in the Qin and Han periods, reflecting the concept of ‘ying bao’ (應報) - ‘an eye for an eye.’ Accidental death resulted in a fine, and accidental injury was exempt from punishment. The paper also examines seven documented murder cases, including four cases of robbery and homicide and three cases of general homicide. Robbery and homicide were punished with a more severe form of execution than general homicide. The locations of these incidents were primarily open and fluid spaces, and the perpetrators and victims were often individuals from the lower strata of society. This suggests that while the Qin and Han periods saw a general decrease in overt violence like homicide due to stronger state power, this reduction was accompanied by hierarchical and structural discrimination. The lower strata of society were more vulnerable to both ordinary and extraordinary violence outside the relative safety of their villages, in more open and fluid spaces.

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