『太平記』の「序」は物語のなかでどのような働きをしているのか。この問題について考えた。『太平記』には儒教思想や仏教思想など複数の思想が存在している。そのなかにあって、なぜ儒教思想が「序」として置かれているのか。研究史を整理しつつ考察を加えた。その結論、「序」は現世の政道を見つめる『太平記』の性格を象徴するもので、作品構造の枠組みを明示するとともに、現世を映し出す機能をも果たしているのではないかという結論に至った。

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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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This paper is an attempt to clarify the following points : 1.Liang in the Han (漢) period are the people and their families upon whom the government imposed basic taxes and public service, i.e., tien tsu (田租) and keng yao (更〓). In the early Six Dynasties the emperor had private citizens (not nu pei (奴婢)) upon whom he based his power, and allowed the government officials, according to their rank, to have a certain number of private citizens (not nu pei) as k'o (客), exempting them from taxes and public service. This is similar to the feudal system, and k'o may be regarded as liang. We can say that the emergence of liang was a response to that of the new political system. 2.Later in the Six Dynasties the emperor wanted to become the absolute monarch, but he could not disregard the system of k'o hu (客戸) and the powerful clans who contributed to the emergence of the system. K'o became pu ch'u (部曲) in the Northern Dynasties, and we may also take pu ch'u as liang. Those who were registerd only in the central government (e.g. yueh hu (楽戸)) were liang in the Northern Dynasties. Liang in the liang chien system (=the liang nu (良奴) system) had the above mentioned qualities, and there we can notice the formal traces of liang of the early Six clynasties. 3."Nu pei," caused by perpetual flesh traffic, were sometimes called liang in the Six Dynasties. This was due to the complicated fact that liang had a strong quality of pedigree and that the government tried to turn "nu pei" back into their former order of peasants, regarding the existence of "nupei" as unlawful.

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According to the Statute on Theft (Daolu 盗律) of the Ernian Luling Codes found in the Zhangjia Shan collection of bamboo documents, the time between the Qin 秦 Dynasty of the Warring States Period and the beginning of the Former Han 前漢 was characterized by an increase in the severity of punishment for such crimes as group robbery from hard labor to the death penalty; and it was often the case that pursuers who captured or killed felons would be rewarded with prestigious aristocratic titles, etc. These types of serious crime had two elements : one pertaining to the princedoms that existed during the period, the other to group-related behavior. The latter element, in particular, consisted of gang-related crimes that would have to be handled by military troops organized by Xian 県 and Dao 道 level administrative offices. Here, we not only observe the characteristic features of the Ernian Luling's penal code, which looked upon gang-related crime as especially dangerous, but also the intentions of the Han Dynasties to prevent gang-related crime from escalating into political rebellion and civil war. Among the Ernian Luling criminal statutes we find provisions to deal with the illegal crossing of inspection points by bands of robbers; and the Statute on Robbery states that allowing valuable goods to flow out of inspection points constitutes robbery. These statutes show that 1) under the Jun-guo 郡国 feudal system during the early years of the Former Han Dynasty, many incidents occurred of criminals crossing inspection points in the remoter Xian and Dao districts to flee into the jurisdiction of a some princedom and 2) the Ernian Luling itself was filled with new legal provisions focusing on the situation of the princedoms in the east. Although the princedoms during this time were established in order to stabilize the Dynasty's rule, they also posed a threat to it. This is why the Ernian Luling imposed more severe punishment on group-related crime within the Dynasty's jurisdiction, hoping to prevent disputes among the surrounding princedoms. The Ernian Luling provisions stayed in effect through the reign of Empress Hou 呂, but there is no doubt that the penal system it called for stemmed from the social chaos that characterized the reign of the Han Dynasty's founder.

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