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The Han Dynasty's regulations on mourning and mourning can be divided into two categories, which are manifested in two categories. The first is to define the nature of mourning, that is, whether mourning is necessary, and whether it is a crime and punishable if it is not mourning, which falls under the scope of criminal law; In addition, the imperial court granted holidays to officials at the time of mourning or exemption from conscription when mourning to civilians, which fell within the scope of administrative regulations.
During the Two Han Dynasty, there was no law in the criminal law of the imperial court that directly punished the crime of not mourning. Condemnation through moral theories such as "no follow-up" and "corrupt officials burying their mothers" can only be regarded as belonging to the category of moral constraints. In terms of the official management system, the two Han have a bereavement leave system, which belongs to the scope of administrative law.
During the Two Han Dynasty, there was an endless debate about three-year mourning, but unlike long-term funeral leave, short-term funeral leave was relatively fixed and relatively complete. The two Han Dynasty's regulations on the system of not raising mourning are concentrated in administrative law, specifically the system of giving leave in case of mourning.
However, this can only show that the imperial court facilitated the funeral of officials because of sympathy, and was not a mandatory requirement. For the behavior of not raising mourning or delaying mourning, there were no relevant laws to punish it during the Two Han Dynasty, and more often condemned it from a moral point of view. Some of those who have been severely punished are more likely to be involved in political struggles.
Although there is no provision for compulsory mourning in Han Law, refusing to obey mourning, or engaging in activities contrary to funeral rites during mourning, is always a violation of ethics and morality. In contrast to the fact that mourning and obeying Ji were both violations of funeral rites, and the laws did not explicitly stipulate this, Han Dynasty society had always been known for thick burials, and the mourning and funeral music reflected the importance that the Han people attached to funerals.
The Han people attach great importance to mourning, which can be seen from the funeral rites of the Han people. Yang Shuda pointed out that Han funerals "take more customers as usual". For example: "The drama Meng's mother died, and she sent a mourning cover from afar." "(Lou Hu) mother died, and the mourners gave the car two or three thousand taels." Zheng Xuanxiao, "Since the county guards and the following tasters, more than a thousand people have gone to the meeting. "Du Jiliang is heroic and righteous, worried about people's worries, happy people's happiness, and clear and unfailing." The father lost his life, and several counties were completed. ”
It can also be seen from the actions of many officials in the Han Dynasty who abandoned their officials and went to mourning. Gu Yanwu pointed out: "When the ancients lost their merits, they all abandoned the officials and obeyed. "Period" refers to one year of mourning, "Gong" is to divide relatives according to five services, divided into major merits and small merits, and the relatives of "Period" include grandfathers, brothers, sisters, etc.
Later, he cited many examples of the loss of officials due to the loss of the period of meritorious service in the Two Han Dynasty, further showing that the funeral of "period merit" was still abandoned, not to mention the loss of parents. Although officials abandoned their officials and went to funeral for various reasons, through such phenomena, we can also imagine the importance of social funerals at that time.
Conversely, the reason why officials use funerals as an excuse to abandon officials is precisely based on the premise of attaching importance to the strong social atmosphere of funerals, which is completely different from the attitude of the law ignoring funerals. Different from the emphasis on mourning, the views of the two Han societies on entertainment during mourning are different from those of Confucian funerals, which mainly refer to entertainment behaviors such as blowing, playing, singing, and dancing during funerals.
Although these activities are not in line with etiquette, their purpose is only to attract more guests to participate in funerals, which is a manifestation of the thick burial in the Han Dynasty, and can also be regarded as one of the manifestations of the importance attached to funerals in Han society. The Han Dynasty society attached two points to the motivation of funerals: first, the background of the imperial court in selecting officials with filial piety, and second, the promotion of family ethics.
First of all, the selection of officials by the two Han Dynasties with "filial piety" encouraged the people's funeral customs. There is no specific standard for "good parents", and parents are only inside the house, outsiders cannot know about it, while a parent's funeral is an activity that publicly displays filial piety and helps to obtain the name of "filial piety".
For example, "Ziang, the character Shuya, has filial piety and righteousness." At the beginning, De was ill for several years, prostrate left and right, and his clothes were not slow; and mourning, ruining for three years, ambition is done; Obeying, then sneaking into the tomb, regardless of current affairs. Raise filial piety and open up the government. Although he did not accept the offer later, it also shows that his filial deeds of "mourning and ruining for three years" were easy to attract the attention of the government and easy to enter the army.
Also, "Biao Xiao is pure and pure, his parents are dead, he mourns for three years, and he does not go to sleep." After all, the spine is different, and the medical treatment is several years on. Studious, elegant and Confucian. At the end of Jianwu, he raised filial piety and removed Langzhong. "However, filial piety and honesty have also derived extraordinary means to organize funerals to win filial piety. "The Theory of the Hidden Husband" said: "Health preservation, shunzhi, so for filial piety."
Now many people violate their will and thrift, and they wait for the end of life, and after the end, they honor the mourning discipline with filial piety, and feast on the guest to seek fame, and slander the good, so as to call it, this chaotic filial piety is the true deed, and the one who misses the pain of the afterlife is also. This also shows from the side that filial piety promotes funerals.
If it is said that the election of officials through filial piety is the external driving force for attaching importance to funerals, then under the influence of this external inducement, funerals filled with fraudulent behaviors of "covenant life and death" will account for a considerable number and will not really become the long-term driving force for society to attach importance to funerals. Therefore, there is another more important internal factor supporting the custom of the two Han dynasties, that is, family ethics.
For small families, funerals are far less important than for clans. Han Dynasty law basically ignored funerals, and there were no explicit provisions prohibiting acts that violated funerals, such as not mourning, not performing funerals, and serving internal entertainment. Granting officials a certain amount of leave to deal with funerals is the only state requirement, but it is not mandatory.
It can be seen that the state's regulations on etiquette such as mourning are still at the moral level and have not been translated into laws and systems. During the Two Han Dynasty, although it was proposed from time to time that the Confucian three-year funeral ritual system should be strictly implemented, the state system basically did not encourage, support, or prohibit mourning. The Han attacked the Qin system, and the attitude of the imperial court towards the mourning can be found in the Qin system.
Before the Spring and Autumn Period, the clan was the most basic social unit. However, the innovations that gradually began in the middle of the Spring and Autumn changed the situation of the past with the clan as the unit, and the princely states established control and control over the population within their territories through the household registration system, and "the way the rulers control the people changed from blood ethnic groups to terrestrial ones."
This trend contradicts the development of the clans, and the development of the "Qi people" is synchronized with the disintegration of the original clans since the Spring and Autumn and the Warring States. In this context, the funeral rituals attached to the clan also collapsed. Qin is the country with the most thorough reform, and later historians once lamented when they examined the funerals of the Qin Dynasty: "Qin, the rude and righteous, their funerals are inherently unexaminable."
Funeral rites emphasize burial and sacrifice after death, both of which embody the process of inheritance and are necessary procedures for connecting with clansmen. However, the autocratic dynasty based on the "weaving of households and people" resisted the expansion of clan organizations, so only the law of "rebirth without rebirth" appeared, that is, the law valued the violation of the living and ignored the disrespect for the dead.
The Han Dynasty inherited the Qin rule, and the example cited above of abandoning the city without providing for three days before death, while the father died without the temple, reflects the principle that the law values the living and ignores the dead. Qin's rule was only adapted to specific historical eras and the unique culture of Qin, and was not very suitable for implementation in the eastern countries, as evidenced by the rapid demise of the Qin dynasty.
Although the Western Han inherited the Qin system, it was also constantly adapting and experimenting with new governance models. The attitude of the two Han Dynasties on the issue of mourning and mourning has shown that the legal concept of rebirth without death has become increasingly inconsistent with the concept of rebirth and mourning in society.
Officials need the imperial court to give and guarantee more lenient mourning, mourning, and funeral leave, and social morality also requires the law to punish acts such as not mourning, not mourning, and violating etiquette.
The principle of rebirth and not death in the Han Dynasty was rooted in the Qin law cultivation and warfare system, which corresponded to cracking down on large families and promoting small families, and did not adapt to clan norms. However, the small family form was not stable, and after more than 400 years of development in the two Han Dynasties, the clan had become the dominant force in society.
The new clan ethics also requires the formulation of corresponding laws to ensure the healthy operation of law and society, so the introduction of relevant laws has become a priority. Despite the long span of time between the Wei and Jin dynasties, frequent regime changes, and nomads came to power one after another.
Historians have often described it as a chaotic era, but political chaos has sometimes become a driving force for institutional innovation, as illustrated by the problems of "mourning" and "release and obedience" in the Wei and Jin dynasties. There are many related questions in this period, but if you delve deeper through the complex appearances, there are still rules to follow.
The following will examine the institutional regulations on non-mourning and funeral violations during the Wei, Jin, Southern and Northern Dynasties, as well as related etiquette discussions, and sort out the background of the times behind the law and etiquette. During the Three Kingdoms period, the political and military struggles were fierce, and there was no time to pay attention to the violation of funeral rites, and the political chaos required practical talent, not moral models.
Against the background of Cao Wei's "insult in the name of humiliation, laughing at deeds, or being unkind and filial and having the art of governing the country and using troops: each of them knows what he knows, and he does not leave anything behind", although there is also a saying that "the crime of the five punishments of the husband is greater than unfilial piety", in the end, because of the turbulent era in which he lived, it was impossible to surpass the two Han on the issue of funeral violations, but on the contrary, he was quite strict in prohibiting private funerals.
During the Eastern Han Dynasty, there was a phenomenon of going to the government without authorization, but the punishment only had an impact on the future career of the person who went to the mourning without permission. In contrast, the punishment during the Three Kingdoms period was much harsher. "It was Shike who forbade the chief official to go to the official without permission, and Huang Wen Situ Zhao Wenxue, who thought he was an old official, went to the funeral in violation of the department, and was collected by the division Zhongxiu, so he fell under the law."
Funeral is a system of etiquette, and abandoning officials to go to mourning is a reflection of filial piety, and severe sanctions for private funeral reflect that the regime at that time did not agree with this filial piety. Sun Wu Jiahe's six-year discussion of unauthorized mourning concentrated on the contradictions and conflicts on this issue at that time. Hu Zhen's discussion actually pointed out the contradiction between the imperial court on the issue of running for mourning and serving mourning.
On the one hand, "filial piety" as an internal family ethic plays a role in maintaining the order within the family, and each family is the basis of the dynasty's rule, so "filial piety" as the family order helps the dynasty rule, which is exactly what Confucius called "filial piety and loyalty". But on the other hand, from the perspective of specific government operations, filial piety such as running for mourning and mourning does have an impact on the efficiency of government operations.
Especially in the special case of "how difficult the country is", filial piety will hinder the affairs of the imperial court even more, so the view of "being a loyal courtier, not a filial son" is also valid. In fact, these two types of filial piety are not contradictory, but they are applicable to different eras. In the era of political stability and national peace, the relationship between loyalty and filial piety tends to be integrated, and filial piety is equivalent to loyalty to the country.
However, in the situation of political turmoil and severe military struggle, the contradiction between loyalty and filial piety will be prominent, and filial piety will be suppressed for loyalty. The main feature of the Wei and Jin dynasties was political turmoil, and the regulations on filial piety of various regimes also had an overall feature, that is, the dynasty would suppress filial piety for loyalty during the entrepreneurial stage, and as the regime stabilized, filial piety began to be promoted.
Therefore, when examining the problems of non-mourning, mourning and violation of the rules during this period, the "order of loyalty and filial piety" is the main clue. At least in the late Three Kingdoms, filial piety has become the main criterion for selecting officials, which is embodied in the fact that the nine products are being agreed upon by the township Qing, and the Qing discussion is based on filial piety first.
"He who does not honor life and does not honor death and burial,...... Style to pay the township Qingyi, abandoned for life. At that time, the system of selecting officials was still based on Wei and Jin standards, and if the grandfather and father died and were not buried, they could not be officials. Although I have not seen the relevant records in the "Wei Law" and "Jin Law".
But at least in the system of selecting officials, "the father cannot be an official if he dies" has become a mandatory rule. At the turn of the two Jin Dynasties and the Eastern Jin Dynasty and the Southern Dynasty, the war often separated relatives from the north and south, which caused the situation of "or died in the court, and there was no reason to welcome the funeral". There are many similar examples, such as, "In the first year of Jianwu, Wen Feng was a scattered horse attendant, and Jiao was worth the death of his mother, and he did not go to the funeral, and wanted to be reburied in the camp, and he refused to worship." ”
Also, "Yang Zhen did not get rid of the funeral for seven years, and did not care about personnel for more than thirty years, Duke Wen saw that he was forced by the king's order, Yu Zuocheng did not take care of his life and Gao Shiyuan was persuaded by Wang Youjun and He Hussar." "In the culture of valuing filial piety, long-term or lifelong injustice becomes the choice of these people. In this case, the imperial court could only invoke the "system of the Eastern Pass" to solve the problem, and "Wang Dun's re-application of the system of the Eastern Pass was in Zhongxing".
In the extraordinary period when the north and the south were separated and relatives were separated, if you adhered to the etiquette system, you could only stay silent for life, which became an obstacle to the imperial court's employment. In order to avoid this influence, the "system of the Eastern Pass" has become a basis for breaking the etiquette system to serve the country in times of national crisis, and behind this basis is the theoretical support of "judging grace with righteousness", indicating that "loyalty" overrides the special requirement of "filial piety" in turbulent times.
The "system of the Eastern Pass" reflects the "loyalty before filial piety" aspect of the loyalty and filial piety relationship between the two Jin and Southern Dynasties, but from the perspective of the main body, this is not the mainstream. As filial piety became the common mainstream culture of the imperial court and the people, the three-year funeral gradually became an official rule during this period, and the punishment of the law for not following the etiquette and violating the etiquette within the mourning gradually increased.
Compared with the two Han Dynasties, the attitudes of the two Jin Dynasties and the Southern Dynasties towards "mourning" and "releasing obedience to Ji" have undergone a great change. In the Han Dynasty, burial, funeral, and funeral were immoral, but the two Han systems did not set up mandatory regulations, but only made it convenient for filial piety in the event of funeral. The basic attitude of the two Han to funerals is to allow but not encourage, and basically do not punish violations of etiquette.
The two Jin Dynasties and the Southern Dynasty were different, and if they violated the funeral rites, they would be suppressed by the Qing Dynasty, which seriously affected their careers. Not only that, the maintenance of funerals by Qing Yi is almost harsh, and giving poems, accepting hospitality, and using maids will all be subject to Qing Discussion. Although there is no evidence to show whether the contents of burial, funeral, and bereavement are legal, there are systems that clearly stipulate the administrative punishment of non-burial of the father and the violation of etiquette in funeral. Falsely claiming that the father died has become part of the law.