古代中国社会は身分関係の厳しい封建社会である.このような身分関係は多かれ少なかれことばの運用に反映される.『礼記』(前1世紀)の中で,身分の異なる人の死についてそれぞれ異なる表現を使い分けるように規定している.本論文は『史記』(前1世紀)を対象として死亡を表すさまざまな異形と指示対象の社会的身分との関係,および言語変異に影響を与える他の社会的要因などについて考察した.そして,『礼記』の言語規範と『史記』の言語運用との間の違いについて検証を行なった.

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　族譜は、宗族を形成する柱の一つとして、古くから編纂されてきた。だが、その用途は時代によって異なり、宗族の成員を確認するためという側面が主となる宋代以降に対し、古代においては出自や社会的地位の証明としての意味合いが強かった。何世代前までを祖先として意識していたのか、族譜資料に乏しい唐代以前について、祖先祭祀の範囲から推し量ってみると、王権の正当性を示す必要のある王室以外は、殷代から戦国時代のいずれの時代も、おおよそ遡って三世代から五世代の範囲であり、それが儒家思想に影響し、漢代以降へと続いていく。だが諸侯たちの始祖伝承は、政治情勢社会情勢の変化に応じて、創作されていった可能性がある。周代以降、王朝の始祖に感生説話が付与されるようになるが、漢王朝は建国者の劉邦自身に感生説話を語り、少なくとも前漢の『史記』編纂の段階では、劉邦を古帝王と結びつけるような系譜の創作をしなかったところに特徴がある。

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The Southern Liang dynasty in the Wu-hu-shih-liu-kuo (五胡十六国) period was a very short-lived local dynasty that rose and fell in Ch'ing-hai (青海) province. This dynasty carried out numerous Hsi-min measures. The aim of this article is to make clear the purpose of these Hsi-min measures with relation to the structure of the dynasty. The Southern Liang dynasty carried out twelve Hsi-min measures which is the greatest number in any of the Five Liang dynasties. Countermeasures accompanying the suppression of a rebellion were infrequent, and in eight of the twelve cases the object of Hsi-min measures was to deal with the Chinese under the various hostile Liang dynasties. They were not from the powerful strate of society but mainly from the peasant strate. The aggressive action of the Southern Liang constantly proceeded to achieve the aim of forced migration of these Chinese. The Southern Liang dynasty waged an aggressive war against forces hostile to it by forcing all the Chinese people under its jurisdiction to engage in agricultural production around walled cities, and by using the tax revenue extracted from them as a financial basis to organize military forces made up of the mobile Hsien-pei (鮮卑) tribe. However, since the number of Chinese under their rule was not large, the Southern Liang had to move Chinese people out of areas under the hostile forces by means of the Hsi-min measures. Also in the case of the Hsia dynasty which was established by the Hsiung-nu (匈奴), the Hsi-min measures were carried out to move Chinese under the hostile forces with the aim of supplying labour for agricultural work. The two common features of the Southern Liang and the Hsia dynasties are the following ; one, the minority race which ruled the dynasty was not agrarian but mainly nomadic ; and two, both were dynasties on the frontier, where there were few Chinese.

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In the Present article, the author begins with a comparison of the descriptions of the Wei 魏 dynasty contained in Zhushu Jinian 竹書紀年, which form the framework for its Warring States period section, and the partial content of Weishijia 魏世家 in the Shiji 史記, discovering that before kings appeared in the Yellow River basin during the Warring States period, the first year of the era of each king or feudal lord was recorded according to the linian 立年 chengyuan 称元 method, that is, from the year the previous king or lord died. Through this investigation the author was able to verify for each chronicle that (1)we can rely on the Shiji items indicating eras and deaths of kings, except when there are inconsistencies with the Zhushu Jinian ; (2)a transition from the linian, method to the yunian 踰年 cheng yuan method of using the following year occurred at the time when the kingdoms of the Yellow River basin adopted titles for their kings; and (3)Sima Qian 司馬遷, in order to solve the problem of repetitive eras that arose from his understanding of linian in terms of yunian, deleted royal accession years and kings lacking concrete documentation. From an investigation of the chronicles related to Wei Wenhou 魏文侯 and Tianji Huangong 田斉桓公, the author concludes that the periodization scheme contained in the Zhushu Jinian did not distinguish between the linian and yunian methods. Therefore, he was able to get satisfactory results using the Suoin 索隠 interpretation (which was based on the yunian method). However, the Chu 楚 kingdom, which had used its king's title from the Spring and Autumn period, did not change its chengyuan method accordingly. This is also probably true for the Zhou 周 kingdom as Well from the time it defeated the Shang 商, and the Yue 越 kingdom from the Spring and Autumn period. In addition, Sima Qian made mistakes in arranging some dates of royal accession even after the general diffusion of the yunian method and the use of titles (for example, King Xiangai 襄哀 of the Wei dynasty, and Kings Wei 威 and Xuanmin 宣〓 of the Ji 斉 dynasty). This is because many of the source materials Sima used were from this latter period, when it was difficult to distinguish individuals simply referred to as Wang 王, Weiwang 魏王 or Jiwang 斉王, for example. Sima Qian, used a number of important historical events as his standard for revising and editing these materials, and thus presented his own unique interpretations of them. In order to overcome the contradictions that occurred as the result of mounting errors in chengyuan dating, Sima simply deleted a few kings and accession dates here and there in constructing his chronology of the Six Dynasties. However, now that we can see how and why concrete historical facts were left out of Sima's record, we should be able to reconstruct a more accurate chronolosy of all the documents contained in the Shiji's Benji 本紀 and Shijia 世家. Nevertheless, the chronology reconstructed by the author in this paper confronts the difficulty of adequately arranging all of the above-mentioned important events which Sima probably added later to his Six Dynasties chronology. Since all these events are recorded as involving several kingdoms, as long as the era they are baased on is not mistaken, they should pose no problem to reconstructing the chronolology. May be it is necessary to arrange in the new chronology items contained in the Zhushu Jinian that could not be used in reconstructing the framework, because they either were not dated or interpreted in relation to a certain era. Here the author cautions about possible differences in calendars among the various kingdoms. The present article thus constitutes the starting point for the necessary task of re-investigating the extant Chuuqiu 春秋 records according the yunian chengyuan method of dating eras.

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"The Imperial Edict in the 5th year of Emperor Gao-di "(「高帝五年詔」) was a very important decree in the early Former Han Period (前漢). The author has done textual research of the Edict in detail. As a result, this paper has shown that the Former Han government gave military officials and soldiers many titles of nobility in accordance with the Edict, and at the same time gave cultivated land and curtilage land according to the stipulation for records in the Han Military Code (漢軍法) in the early Former Han Period. The Han Military Code was set up by Han Xin (韓信), a famous general of Liu Bang (劉邦). In the district of Hanzhong (漢中), in the period from April to August of the first year of the Han Dynasty he issued the Military Code based on the Qin Military Code (秦軍法). The author estimates that Liu Bang's army totaled about 600 thousand persons at the time "the Imperial Edict in the 5th year of Emperor Gao-di" was issued. In accordance with the Edict, all military officials and soldiers were given the 5th grade noble status, at the same time a military person with such status could obtain 500 mu (畝) of cultivated land and 25 mu of curtilage land in accordance with the Military Code. Given 600 thousand military personel, 300 million mu of cultivated land and 15 million mu of curtilage land were granted. This amount of land equaled 40 percent of the total amount of cultivated land in the Former Han Period. Furthermore, the 600 thousand military officials and soldiers made up about 4 percent of the total population at the time. However, including family members the military accordance for 3 million people, or 20 percent of the total population. In conclusion, because of the "Imperial Edict in the 5th year of Emperor Gao-di" and aseries of other relevant laws and regulation a new social stratum would have been formed in the early Former Han Period, if all these laws were thoroughly implemented. This stratum, based on military meritocracy, had decisive political strength, strong economic power and high social status. It created the Former Han Dynasty and supported the dynasty for a long period of time.

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In the fourth and the fifth centuries A. D., the Völkerwanderung movement swept over the length and breadth of the Eurasian Continent. After this great movement, the territorial boundaries were set but the law to be applied in each case of adjudication was determined in accordance with the principle of personal law. In other words, in the Asian, as well as the European part of the Eurasian Continent, . there existed manifold legal systems and a particular one among them would be singled out to be applied to a particular case in accordance with the nationality of the person or persons involved.
Under such circumstances, it was inevitable that the principle of Busse in the indigenous law of the northern races clashed, after these races had invaded and occupied northern areas of China, with the principle of corporal punishment in the traditional Chinese law. This. kind of clash of legal principles dates back even before the Chin (_??_) and Han (_??_) dynasties.
According to the Tang lü (_??__??_) (code of Tang dynasty) enforced in the seventh and the eighth A. D., an affair between two foreigners of the same nationality was to be adjudicated by the Chinese court in accordance with the law of that nation (principle of personal law) and the Chinese law governed the relation between two foreigners of different nationalities and the relation between a Chinese and a foreigner (principle of territorial law). The code of the Sung (_??_) dynasty also adopted the same principles.
However, some informations after the 11th century show that the Chinese authorities allowed some latitude in the application of the law to foreigners. They usually applied to foreigners their national law in order to win their hearts.
Under the foreign domination during the Liao (_??_), Chin (_??_), Yuan (_??_) and Chin (_??_) dynasties, the problem of conflict of law was solved along the above-mentioned traditional lines but necessary modification of the traditional principles was made to conform with the changing realities of each age. This thesis aims at a historical description of the contact of legal systems of various races within the Chinese territory.

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