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Notes on a Case of Illicit Sex from Zhangjiashan: A Translation and Commentary

Published online by Cambridge University Press:  26 March 2015

Michael Nylan
Michael Nylan*
Affiliation:
Dept. of History University of California, Berkeley , 3229 Dwinelle Hall Berkeley, CA 94720-2550, USA
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Abstract

This essay concerns the single case of illicit sex included in the Zouyan shu excavated at Zhangjiashan. Interest in this particular case has been high, since the case offers indisputable evidence regarding the separation of legal and moral principles in relation to domestic affairs at the time the judgment was rendered. Previous theories about the interpretation of the case have focused upon the quality and timeliness of the evidence brought to the judges for their consideration, while this essay draws attention to the probable relevance to the case of contemporary laws on residency, inheritance, and the proper ways to report crimes to higher authorities.

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Articles
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Early China , Volume 30 , 2005 , pp. 25 - 45
Copyright
Copyright © Society for the Study of Early China 2005

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References

1. Petronius, The Satyricon, ch. 13, passage CXI (“Matrona quaedam Ephesi tam notae erat pudicitiae…”) trans, after Alfred R. Allinson (New York: The Panurge Press, 1930).

2. Illicit sex (jian) is analogized to “treason” (jian ).

3. The case discussed here is found in Zhangjiashan Han mu zhujian (er si qi hao mu) ed. Zhangjiashan er si qi hao Han mu zhujian zhengli xiaozu (Beijing: Wenwu, 2001)Google Scholar [hereafter Zhangjiashan], strips 180–96. No clear date is given for the reconstructed case; the editors place it before a case dated to the sixth year of the Qin king Zheng , i.e., 241 b.c.e., the ruler who would later become the First Emperor of Qin. See Zhangjiashan, strips 17–27, pp. 214–15, for one example of inter-jurisdictional marriage. Rape is to be punished by execution in the marketplace (e.g., Zhangjiashan, strips 138–43, p. 152), which can be commuted by payment of a hefty fine, or by bondservitude (Zhangjiashan, strips 192–93, p. 159), and consensual adultery, by a lesser punishment. For further information on the “Zouyanshu” cases, see Hao, Peng, “Tan ‘Zouyan shu’ zhong Qin dai he Dong-Zhou shiqi de anli” and “Tan ‘Zouyan shu’ zhong de Xi-Han anli” , Wenwu 1995.3, 43–44 and 1993.8, 32–33Google Scholar; Wanjin, Cai, “‘Zouyan shu’ yu Han dai zouyan zhidu” , Chutu wenxian yanjiu 6 (2005), 90–110Google Scholar; and Xing Yitian (Hsing I-t' ien) , “Qin huo Xi-Han chu hejian an zhong suojian de qinshu lunli guanxi” (“Zouyanshu”, strips 180–96)” (forthcoming), which reports on Hsing's visit, in October, 2004, to a Wuhan conference on the Zhangjiashan materials; and Lau, Ulrich, “Die Rekonstruktion des Strafprozesses der Han-Zeit im Lichte des Zouyanshu,” Und folge nun dem, was mein Herz begehrt: Festschrift für Ulrich Unger zum 70. Geburtstag, ed. Emmerich, Reinhard and Stumpfeldt, Hans (Hamburg: Hamburger Sinologische Schriften 8, 2002), 343–96Google Scholar, which is the basis of the same author's “The Scope of Private Jurisdiction in Early Imperial China,” Asiatische Studien/Études Asiatiques 49.1 (2005), 333–52Google Scholar. Note that Sōgensho: Chūgoku kodai no saiban kiroku , ed. Yūichi, Ikeda – (Tokyo: Tōsui Shobō, 2002)Google Scholar translates only cases 1–16 of the “Zouyan shu.” Several aspects of this case will be compared with the Shuihudi materials, included in Yunmeng Shuihudi Qin mu (Beijing: Wenwu, 1981)Google Scholar; Shuihudi Qin mu zhujian (Beijing: Wenwu, 1990)Google Scholar, and translated in Hulsewé, A. F. P., Remnants of Ch'in Law: An Annotated Translation of the Ch'in Legal and Administrative Rules of the 3rd Century B.C. Discovered in Yün-meng Prefecture, Hu-pei Province, in 1975 (Leiden: E.J. Brill, 1985)Google Scholar. I thank Gerald P. Boswell, Michael Loewe, Robin D.S. Yates, and Christian de Pee for their generous assistance with this project.

4. Perhaps so many officers participated in discussions about the proper judgment because the reported act crossed jurisdictional lines (see below) and was potentially liable to capital punishment.

5. These section titles, which do not exist in the original, have been supplied by the translator.

6. The editors presume that the phrase “old statute” refers to a statute dating to either to the Qin empire (221–210 b.c.e.) or before; the statute might still be in place, however, and there is insufficient evidence to judge the validity of the general assumption that Western Han laws dramatically revised those inherited from the Qin (see below). Cf. Zhangjiashan, strip 380, p. 184, where this statute is cited. Note that Jianguo, Zhang, “Guanyu Han jian ‘Zouyan shu’ de jidian yanjiu ji qita” , Guoxue yanjiu 4 (1997), 539–44Google Scholar, especially p. 539, believes the phrase “old statute” to refer to a statute that is still in force.

7. Michael Loewe in “The Organs of Han Imperial Government: zhongdu guan, duguan, xianguan and xiandao guan (forthcoming in the Bulletin for the School of Oriental and African Studies) explains the duties of the xianguan . See also Boyuan, Liao, “Han chu xianli zhi zhijie jiqi renming–Zhangjiashan Han jian yanjiu zhi yi” , Zhongguo zhonggushi yanjiu 1 (2002), 1–20Google Scholar (English abstract, 21–22); reprinted in Shehui kexue zhanxian 2003.3: 100–7Google Scholar; Qin Han shi luncong 9:167–85Google Scholar. See Zhangjiashan, strips 418, pp. 422–23, for the exceptional treatment accorded those who are engaged (shi ) in or working (zuo ) at these offices. For discrepancies between Han law and the Han ritual codes, which stipulate mourning degrees for members of the sociopolitical elite, see Masakazu, Fujikawa, “Wei Shin ni okeru mofuku ritsusetsu ni kansuru ichi kōsatsu” , Nihon Chūgoku gakkai hō 8 (1956), 55–70Google Scholar; Nylan, Michael, “Confucian Piety and Individualism in Han China,” journal of the American Oriental Society 116 (1996), 1–27CrossRefGoogle Scholar; Michael Nylan, “Administration of the Family (Qihuai bisi )” (forthcoming in a supplement to The Cambridge History of China, vol. 1 [Ch'iti and Han].

8. This expression refers to those who would enforce their will out of arrogance, regardless of the consequences. Cf. the Zhangjiashan statute regarding pregnant women who lose their fetuses when they engage in brawling (Zhangjiashan, strip 31, p. 138). Lau, “Die Rekonstruktion,” 389, translates it as “impudent and rebellious,” but this sounds so strong as to merit a greater degree of guilt, rather than a lesser degree, as below.

9. Hulsewé, Remnants of Ch'in Law, 15–16, took nai to mean “shaving the beard”(?), but this context makes it clear that the punishment applies equally to women. In different contexts, then, two definitions of nai have been proposed, which are not mutually exclusive: (1) to commute a (mutilating?) punishment altogether, thereby “sparing” the person; and (2) to have the head and/or facial hair shaved, as a humiliating but temporary form of mutilating punishment, before being sent off to perform hard labor. See Zhengsheng, Du, Bianhu qimin: Chuantong zhengzhi shehui jiegou zhi xingcheng : (Taipei: Lianjing, 1990), p. 290ffGoogle Scholar. Nai may be compared with the wan punishment for petty larceny (stealing less than 660 cash but more than 220), as in Zhangjiashan, strip 55, p. 141. See below. For this reason, Zhang Jianguo, “Guanyu Han jian ‘Zouyan shu',” p. 541, takes nai simply as “grain-pounding” when women are the criminals.

10. Literally, wall-building and grain-pounding. For the punishments called “wall- building” (for the male) and “grain-pounding” (for the female), see Hulsewé, Remnants of Ch'in Law, A15, A29, A17, A49–50, A70. Cf. the same author's Remnants of Han Law: vol. 1, Introductory Studies and an Annotated Translation of Chapters 22 and 23 of the History of the Former Han Dynasty (Leiden: E.J. Brill, 1955), 129–30Google Scholar. It appears from this case that this nomenclature was used for various forms of hard labor.

11. There is some evidence that women rarely served hard labor sentences. I thank the anonymous second reader for bringing to my attention Zhi, Chen, “Guanyu Liang Han de tu” , Liang Han jingji shiliao luncong (Xi'an: Shanxi renmin, 1958), 249–80Google Scholar.

12. Literally, “to teach” or “to instruct.”

13. For execution as the punishment for “unfilial” behavior, see Kenzo, Wakae, “Shin Kan ritsuni okeru ‘fukō’ tsumi” , Tōyōshikenkyū 55.2 (Sept., 1996), 1–34Google Scholar. For “unfiliality” as defined in the Song dynasty, see Song xingtong , ed. Yi, Dou et al. (Beijing: Zhonghua, 1984), 1.11–12Google Scholar.

14. The gongshi is the lowest of twenty orders of rank or honor, unless, as some believe, the Zhangjiashan materials specify a rank still lower, that of gongzu . [See note 37 below.] For these orders, see Sadao, Nishijima, Chügoku keizaishi kenkyü (Tokyo: Tokyo University Press, 1965)Google Scholar; and Loewe, Michael, “The Orders of Aristocratic Rank in Han China,” Toung Pao 48:1–3 (1960), 97–174CrossRefGoogle Scholar. Loewe no longer calls these “aristocratic ranks,” since only the two highest ranks in Han (guannei hou , “ and chehou ), were hereditary nobles. An accumulation of general grants by the court could raise an individual up to the eighth rank, that of gongcheng , but the ranks of grade nine or higher were attainable only as a result of special grants or purchases.

15. Consensual adultery, when it involves an officer, receives the same punishment as rape. Compare Zhangjiashan, strips 192–93, p. 159.

16. Note, however, that jiao is read as “shackled” by the Zhangjiashan editors; then the last sentence would read, “Those who apprehend those engaging in illicit sex must present a case against them, shackle them, and send the case up for adjudication.” Some other examples support the editors’ understanding, although such a reading seems to confuse the order of events, as it would be unlikely that the officer would not shackle the suspect before preparing the case. The last item in the case book from Shuihudi, as translated by Hulsewé, Remnants of Ch'in Law, case E25, p. 207, notes that if jiao in the phrase jiao shang is read as “shackled,” the word shang is not adequately explained, either by Yates or by Hulsewé himself. Perhaps jiao means “to compare [the criminals’] stories)” or jiao (“to hand over” [the criminal]).

17. The second character is otherwise unknown, but it is hardly likely to be ling , since Duling was not a county until the reign of Emperor Xuan (r. 73–49 b.c.e.), long after the entombment of the Zhangjiashan materials, according to Han shu 8.253; 28A.1544. The Zhangjiashan editors state that the graph should be read as lu , and they surmise that this is the name of the A's village in Du. The existence of Du County, southeast of Xi'an, in Shaanxi, under Qin is attested in Qian, Sima, Shi ji (Beijing: Zhonghua, 1959), 5.182Google Scholar.

18. Or, “of illness” ji .

19. Both the Shuihudi and Zhangjiashan strips mention a tang (public room) and nei (inner room, presumably used for sleeping). The Han shu biography of Chao Cuo (Gu, Ban et al., Han shu [Beijing: Zhonghua, 1965], 49.2288Google Scholar) speaks of houses of one tang and two nei being used to entice commoners to settle in a new site.

20. Huan guan seems to be verb + object; “around the coffin” has been proposed as an alternate translation by the anonymous first reader.

21. This term is used of a private person reporting a crime to officials, in contrast to he , used of one officer impeaching another. See below for an alternative reading of this line.

22. The character is illegible on the strip, but the tentative reading for this character, based on a second mention of the officer's family name, is the same as that for xiao .

23. According to the editors, the use of the character zheng (which should be taboo during the Qin) insures that this case arose in Western Han. Loewe disagrees (personal communication, March, 2006). As taboos were not uniformly observed in Qin or Han, we have too little information to make a judgment about Qin. Cf. McLeod, Katrina C.D. and Yates, Robin D.S., “Forms of Ch'in Law: An Annotated Translation of the Feng-chen shih,” Harvard journal of Asiatic Studies 41.1 (1981), pp. 120–21CrossRefGoogle Scholar, which discusses the significance of the appearance of the taboo in the Shuihudi legal texts.

24. Departing from the Zhangjiashan editors’ punctuation, who understand the three characters fu fu mu to mean “husband [and his] parents” (presumably because another strip, 185, omits “the husband” when speaking of his parents). The punctuation of this passage has provoked considerable debate in China and Taiwan. Hsing, ms. p. 10, argues for the same reading given here, although our interpretations diverge at other points. Wanjin, Cai, Zhangjiashan Han jian ‘Zouyan shu' (Guilin: Guangxi Shifan daxue, 2006)Google Scholar accepts the editors’ punctuation, disagreeing with Hsing. If the Zhangjiashan editors are followed, it is hard to see why the widow was not executed in the marketplace.

25. Literally, “whole” or “intact” (wan ), as in Hulsewé, Remnants of Ch'in Law, p. 15.

26. This phrase may encompass the statute on second-degree unfilial behavior (), but it explicitly mentions “unfilial behavior” only.

27. A single illegible character, for which I have supplied in brackets one possible translation.

28. Quite inexplicably, the Zhangjiashan editors insert the antonym of zhong here: qing (light, less serious); this error is corrected in the 2006 revised edition, Zhangjiashan Hanmu zhujian (er si qi hao mu) (shiwen xiuding ben) , ed. xiaozu, Zhangjiashan er si qi hao Han mu zhujian zhengli (Beijing: Wenwu, 2006)Google Scholar.

29. The seven squares indicate seven illegible characters. Almost certainly, these seven characters restate the earlier case, so the lacunae do not present a major problem here.

30. The Qing statutes, as applied especially from the eighteenth century on, mandated “chaste widowhood” for even the poorest of women. Elvin, Mark in “Female Virtue and the State in China,” Past and Present 104 (1984), 111–52CrossRefGoogle Scholar, calls this the “democratization” of virtues (i.e., the unprecedented application of elite norms to peasant households), which he dates to the second half of Qing and links to a dramatic rise in population that worsened the lot of the poor. Compare Theiss, JanetDisgraceful Matters: The Politics of Chastity in Eighteenth-Century China (Stanford: Stanford University Press, 2004)Google Scholar and Sommer, Matthew H., Sex, Law, and Society in Late Imperial China (Stanford: Stanford University Press, 2000)Google Scholar, especially pp. 170–75. By the eighteenth century, (1) widows of senior officials were forbidden to ever remarry; (2) widows were strictly forbidden to remarry during the three years’ mourning period; if they did, they would be severely caned; and (3) widows who remarried forfeited the right to their deceased husband's property. Adulterous widows were most often sent back to their natal families to support or remarry, as those families saw fit, and widows could be “sold” off by their husband's families.

31. See Tang lü shuyi , in Guoxue jiben congshu , ed. Yunwu, Wang (Taiwan: Shangwu, 1983)Google Scholar, juan 13,14, pp. 121 (in ce 3) – 9 (in ce 4). See also Johnson, WallaceThe Tang Code: Volume II, Specific Articles (Princeton: Princeton University Press, 1997)Google Scholar, Articles 179.1a (p. 157). Cf. Articles 187 (p. 166) and 410 (p. 473).

32. de Pee, Christian, The Writing of Weddings in Middle Period China: Text and Ritual Practice in the Eighth Through Fourteenth Centuries (Albany: State University of New York Press, 2007)Google Scholar, chapter 4, especially ms. p. 365; cf. de Pee's, “Cases of the New Terrace: Canon and Law in Three Southern Song Verdicts,” Journal of Song-Yuan Studies 2 (1997), 25–60Google Scholar, especially pp. 43–44,49–51, on “remarrying an already married daughter.” For Ming and Qing, see Waltner, Ann “From Casebook to Fiction: Kong-an in Late Imperial China,” journal of the American Oriental Society 110.2 (April-June, 1990), 281–89CrossRefGoogle Scholar.

33. There are reasons to suspect that Dong died much earlier, between 119 and 144 b.c.e. See Loewe, MichaelA Biographical Dictionary of the Qin, Former Han, and Xin Periods (221 BC-AD 24.) (Leiden: Brill, 2000), 70Google Scholar.

34. Dong Zhongshu, Chunqiu jueshi [or yu] , in Guohan, Ma, Yuhanshan fang ji yishu (Taipei: Wenhai, 1967), 2.1181Google Scholar, which is misattributed to Dong in Ulrich Lau's “Die Rekonstruktion.”

35. The perpetrators of rape were condemned to the much heavier sentence of bond servitude, most probably for a period of four years. As pointed out in Nylan, “Administration of the Family,” these virtues were first celebrated in Legalist texts that forged an analogy between undying loyalty to the state by men-in-service and undying loyalty to dead husbands by chaste widows. In Han, chaste widowhood was only one, relatively minor aspect of the definition for zhennii (reliably righteous women).

36. For the grim plight of bondservants, see Hulsewé, Remnants ofCh'in Law, esp. A11–12, A15, A17, A49–50, A58, A65, A70.

37. Loewe's early paper on “Aristocratic Ranks” speaks of a twenty-tier system. The Zhangjiashan statutes mention gongzu, which Yates believes represents the rank below that of gongshi. Loewe finds the evidence insufficient at this time to posit a twenty-one tier rank system. For a third view, see Hiroshi, Ishioka, “Kōryō Chōkazan Kankan sō jitsu shō ni miru shakui to sono imi” , Hōshigaku kenkyūkaigakkai hō 6 (2001), 47–51Google Scholar.

38. Zhangjiashan, strip 83, p. 146, says that all those of the gongshi rank and above, and their wives, will be spared the (lesser) mutilating punishments that they deserve under the law.

39. Zhangjiashan, strip 192, p. 159, which, absent a fuller context, is ambiguously worded. It may either mean that an officer who commits the crime of consensual adultery will be punished more severely than an ordinary commoner or that the crime is more serious when officials’ wives are involved. What supports the first interpretation is Article 186 in the Tang code. See Johnson, Tang Code, 2.164-65. However, many local officers in Han may have held the lowest rank.

40. Although Qin and Han legal theory, as reflected in traditions attached to the Documents (Shu jing ) and Annals, as well as in Han shu 23, would have had judges distinguish several levels of intentionality in sentencing, and also in the difference between crimes committed through ignorance and from negligence, in practice judges may not always have observed these fine distinctions, especially when martial law was in force. See Robin D.S. Yates, “Law and Society in the Qin State and Empire,” unpublished ms. p. 11.

41. Tang lü shuyi, 1.19 (in ce 1), describing no. 7 of the “Ten Abominations” (not translated in Johnson).

42. Zhangjiashan, strip 38, p. 139.

43. Lau, “Die Rekonstruktion,” 386. Hsing does not explain the basis for the initial sentence; he focuses instead on the reversal of the sentence.

44. The Statutes on Denunciation (gao lü ), recorded in Zhangjiashan, strips 126–36, pp. 151–52, prescribe punishments for false denunciations. They also stipulate that there will be no mitigation of punishments in cases of self-denunciation when children have murdered their parents, when grandchildren have murdered their grandparents, or when slaves have murdered their owners. Children who denounce their parents, wives who denounce their mothers-in-law, and slaves who denounce their owners will be condemned to death.

45. For a long time, the second reading did not occur to me, but several grammarians, William Baxter (University of Michigan) among them, believe the second reading to be not only possible, but required by the context.

46. Note that in Fig. 1 there are additional strips unaccounted for. It is moreover inconceivable that the “fall pattern” of bamboo strips whose binding strings were broken or rotted would have produced no strips below those invisible. Accordingly, we have only part of a “statute for the second year,” which breaks off in the middle.

47. E.g., Zhangjiashan, strips 124–61, pp. 223–25. The incompleteness of the case has been noted by Zhang Jianguo, “Guanyu Han jian ‘Zouyan shu',” p. 539.

48. For two hypotheses regarding why texts were buried in tombs, see Giele, Enno “Using Early Chinese Manuscripts as Historical Source Materials.” Monumento Serica 51 (2003), 409–38CrossRefGoogle Scholar, especially pp. 428–31; Nylan, Michael “Toward an Archaeology of Writing, Ritual, and Public Display in the Classical Era,” Text and Ritual in Early China, ed. Kern, Martin (Seattle: University of Washington, 2005), 3–49Google Scholar.

49. Zhangjiashan, strips 367–91, pp. 182–85.

50. The emphasis is pronounced in Qin and Han. For example, the Shuihudi laws say, “When someone's slave or slave woman robs their master's father or mother, is this ‘robbing one's master” or is it not? If they [the parents] live in the same dwelling, then it is ‘robbing one's master.’ If they do not, then it is not.” See Hulsewé, Remnants ofCh'in Law, p. 159. Another strip says that only those who dwell together constitute a household (p. 160).

51. Tatsumi, Makino, Makino Tatsumi chosakushū (Tokyo: Ochanomizu Shobō, 1979–85)Google Scholar, maintained the prevalence of the “simple [nuclear] family” in Han times; family partition prior to the deaths of the father and grandfather was common, and it was truly exceptional for siblings to dwell together after the death of their father. Kiyoyoshi, Utsunomiya, Chūgoku kodai chūseishi kenkyū (Tokyo: Sōbunsha, 1977)Google Scholar, especially, pp. 361–62, held that a family of five members cultivating about 100 mou of land was the norm. Ochi Shigeaki posited two main types of Han household organization: (1) father-son units, and (2) fraternal units. See Ochi, , “Thoughts on the Understanding of the Han and Six Dynasties, Memoirs of the Research Department of the Tōyō Bunko 35 (1977), 1–73Google Scholar. Recent work more clearly distinguishes the hu from the jia. One of the latest studies to confirm the small size of Han household units is Lai, Ming Chiu, “Familial Morphology in Han China, 206 b.c-a.d. 220) (Unpublished Ph.D. Dissertation, University of Toronto, 1995)Google Scholar.

52. Zhangjiashan, strip 377, p. 184.

53. Zhangjiashan, “Ernian lüling,” strip 216, p. 162.

54. Zhangjiashan, “Ernian lüling,” strip 133, p. 151. Robin Yates would have us consider the possibility of this third alternative.

55. See Zhangjiashan, strips 367–91, pp. 182–85.

56. See above n. 38.

57. For further information, see Nylan, “Administration of the Family,” passim.

58. Du, Bianhu, is one superb work of scholarship that still presumes the superiority of the patriline's claims over all others in Han.

59. Dong, Chunchiu jueshi, 1181.

60. Arbuckle, Gary “Inevitable Treason: Dong Zhongshu's Theory of History Cycles and Early Attempts to Invalidate the Han Mandate,” Journal of the American Oriental Society 115.4 (Oct.-Dec., 1995), 585–97CrossRefGoogle Scholar.

61. For an alternate view, see Lau, “Rekonstruktion,” 384, citing, e.g., Shi ji 18.884, 95.2667.

62. See Dull, Jack L., “Marriage and Divorce in Han China: A Glimpse at ‘Pre-Confucian’ Society,” in Chinese Family Law and Social Change in Historical and Comparative Perspective, ed. Buxbaum, David C. (Seattle: University of Washington Press, 1978), 23–74Google Scholar.

63. Dull, “Marriage and Divorce in Han China.” Cf. Fujikawa Masakazu (cited in n. 7) whose discussion begins with the disputes by the late Eastern Han commentators on the Rites canons. Ulrich Lau, “The Scope of Private Jurisdiction,” 344, says: “One is given the strong impression that the authorities in Qin were little interested in the reporting and following up of particular offences committed inside families.” I suspect that the same is true for Western Han.

64. See, for example, chapter 1 of Schwartz, Benjamin I., The World of Thought in Ancient China (Cambridge, MA: Belknap Press of Harvard University, 1985)Google Scholar; Death Ritual in Late Imperial and Modern China, ed. Watson, James L. and Rawski, Evelyn S. (Berkeley: University of California Press, 1988)Google Scholar, esp. the Introduction by Watson; and Filial Piety in Chinese Thought and History, ed. Chan, Alan K.C. and Tan, Sor-hoon (London: Routledge-Curzon, 2004)Google Scholar. Marriage and mourning rituals were considered the chief characteristics of assimilation to Central States culture.

65. See Guolong, Lai “The Diagram of the Mourning System from Mawangdui,” Early China 28 (2003), 43–99Google Scholar, and Nylan, “Administration of the Family.” The diagram suggests that greater importance may have been attached to the natal, sororal, and maternal ties. Nylan's essay queries the uniformity of mourning customs.

66. Erkang, FengZhongguo gudai zongzu yu citang (Taipei: Shangwu, 1998), especially pp. 65–73Google Scholar, emphasizes major differences between Han and later practices. According to Feng's argument, a real shift occurred in Song and Yuan (p. 43), in part spurred by True Way Learning advocates Cheng Yi (1033–1107) and Zhu Xi (1130–1200). To Feng's data, one might add Huayang guozhi (Sibu beiyao ed.), 3.5b, on the great names in Shu to whom cult was offered. One should further note the recent work of Li Qing , which criticizes Feng for not going far enough. See her Qin Han Wei Jin Nanbeichao shiqijiazu zongzu guanxi yanjiu (Shanghai: Renmin, 2003), especially pp. 214–35Google Scholar.

67. See Hinsch, Bret “Women, Kinship, and Property as Seen in a Han Dynasty Will,” Toung pao 84 (1998), 1–20CrossRefGoogle Scholar.

68. See Fujikawa Masakazu, cited in n. 7.

69. See Nylan, Michael “Confucian Piety and Individualism in Han China,” Journal of the American Oriental Society 116 (1996), 1–27CrossRefGoogle Scholar, who notes that the Han court frequently forbade officials in its service to perform their mourning obligations, lest they disrupt bureaucratic activities and arrangements.

70. Contra Nylan, in “Confucian Piety.”

71. Shangshu dazhuan zhuzi suoyin , ed. Lau, D.C. (Hong Kong: The Chinese University of Hong Kong, 1994)Google Scholar, “Fu [Lü] xing” , 5.22, p.22, line 22: “Males and females who engage in illicit sex shall be punished with castration [or sequestration?]” .

72. See, inter alia, Shiji 68.2234. Lüshi chunqiu often uses the binome “Kong-Mo” as shorthand to refer to the two great authorities of the past.

73. As pointed out in Ucko, Peter J., Archaeological Approaches to Cultural Identity (London: Unwin Hyman, 1989)Google Scholar, passim, archaeological cultures do not neatly match ethnic groups and identities, so one cannot argue the latter from the existence of the former. Although we know that certain groups under the close supervision of the Western Han rulers were moved into Guanzhong, the area near the old Qin capital, there is as yet no proof that such migrants would have been tried by special laws, even if they lived in mausoleum towns.

74. For the archaeological cultures near the old capital of Qin, see Ming, Teng, Qin Wenhua: cong fengguo dao diguo de kaogu xue guancha (Beijing: Xueyuan chubanshe, 2003)Google Scholar.