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烟台大学 硕士学位论文
古罗马法治发达的动力机制探析及启示 姓名：高阳 申请学位级别：硕士 专业：法学理论 指导教师：王加卫 座机电话号码 摘 要 自近现代以来，许多国家不断地追求并实践着西方的法治理论，古罗马正是
这些法治理论最古老的发源地之一，其法治文明处于当时世界的顶峰。关于法治
发达的动力，其实许多学者已经关注，例如，美国法学家昂格尔在《现代社会中
的法律》一书中，主张法治的形成得益于多元集团和自然法这两种历史条件。我
国许多学者主张法治发达的动力是市场经济、民主政治和法治精神共同构成社会
法治化的动力体系。具体到古罗马，有学者认为古罗马法治发达的基本动因是其
商品经济的繁荣、自然法理论的指导、法学家的作用和罗马统治者对法治的重视。
本文提出不同于上述学者观点，主要是运用结构分析的方法集中研究古罗马法律
家和多元社会结构。我们重新翻开西方古代历史，回顾古罗马法治的辉煌时代，
探究古罗马法治发达的动力机制，通过研究古罗马法律家活动和多元社会结构，
得出两者是古罗马法治发达的动力元素，法律家与多元社会结构的互动构成了古
罗马法治发达的动力机制。在古罗马这样的法治发达的动力机制框架下，我们重
新审视建国以来中国的法治实践，分析我国法律家的法治实践和社会结构及人民，
发现我国目前建构的法治不能发挥应有的效能源于法治发达动力机制的缺乏。但
是我国完善自身的法治动力机制要结合本国国情，不可能对古罗马法治动力机制
进行复制重构。
关键词：法律家；多元社会结构；法治发达的动力机制 I Abstract Many nations have been pursuing and practicing the
正在加载中，请稍后...From Wikipedia, the free encyclopedia
For the Hong Kong TV series, see .
For the Channel 4 documentary about voluntary eunuchs, see .
The , head of the black eunuchs of the Ottoman . The title literally means "Chief of the Girls".
A eunuch (; : ε?νο?χο?) is a
who (by the common definition of the term) may have been , typically early enough in his life for this change to have major
consequences. In some ancient texts, "eunuch" may refer to a man who is not castrated but who is , , or otherwise not inclined to marry and procreate. Castration was typically carried out on the soon-to-be eunuch without his consent in order that he might perform a spec this was common in many societies. The earliest records for intentional castration to produce eunuchs are from the
in the 21st century BC. Over the millennia since, they have performed a wide variety of functions in many different cultures:
or equivalent , ,
specialists, soldiers, royal guards, government officials and guardians of women or
Eunuchs would probably be servants or
who, because of their function, had been castrated, usually in order to make them reliable servants of a royal court where physical access to the ruler could wield great influence. Seemingly lowly domestic functions—such as making the ruler's bed, bathing him, cutting his hair, carrying him in his , or even relaying messages—could in theory give a eunuch "the ruler's ear" and impart de facto power on the formally humble but trusted servant. Similar instances are reflected in the humble origins and etymology of many high offices (e.g.,
originally denoted a servant guarding the entrance to an official's study). Eunuchs supposedly did not generally have loyalties to the military, the aristocracy, or to a family of their own (having neither offspring nor in-laws, at the very least), and were thus seen as more trustworthy and less interested in establishing a private 'dynasty'. Because their condition usually lowered their social status, they could also be easily replaced or killed without repercussion. In cultures that had both
and eunuchs, eunuchs were sometimes used as harem servants (compare the female ) or
In Latin, the words eunuchus, spado, and castratus were used to denote eunuchs.
Eunuch comes from the Greek word eunoukhos, first attested in a fragment of , the 6th century BCE comic poet and prolific inventor of compound words. The acerbic poet describes a certain lover of fine food having "consumed his estate dining lavishly and at leisure every day on tuna and garlic-honey cheese paté like a
eunoukhos". In ancient classical literature from the early 5th century onward, the word generally designates some incapacity for or abstention from procreation, whether due to natural constitution or to physical mutilation. For instance,
suggests two methods to determine whether someone is a eunuch: physical inspection of the body, or scrutiny of his ability to perform sexually with females (Lucian, Eunuchus 12).
The earliest surviving etymology of the word is from . The 5th century (CE) Etymologicon by
offers two alternative origins for the word eunuch: first, to tēn eunēn ekhein, "guarding the bed", a derivation inferred from eunuchs' established role at the time as
in the imperial palace, and second, to eu tou nou ekhein, "being good with respect to the mind", which Orion explains based on their "being deprived of male-female intercourse (esterēmenou tou misgesthai), the things that the ancients used to call irrational (anoēta, literally: 'mindless')". Orion's second option reflects well-established idioms in Greek, as shown by entries for noos, eunoos and ekhein in 's Greek-English Lexicon, while the first option is not listed as an idiom under eunē in that standard reference work. However, the first option was cited by the late 9th century Byzantine emperor
in his New Constitution 98 banning the marriage of eunuchs, in which he noted eunuchs' reputation as trustworthy guardians of the marriage bed (eunē) and claimed that the very word eunuch attested to this kind of employment. The emperor also goes further than Orion by attributing eunuchs' lack of male-female intercourse specifically to castration, which he said was performed with the intention "that they will no longer do the things that males do, or at least to extinguish whatever has to do with desire for the female sex". The 11th century Byzantine monk Nikon of the Black Mountain, opting instead for Orion's second alternative, stated that the word came from eunoein (eu "good" + nous "mind"), thus meaning "to be well-minded, well-inclined, well-disposed or favorable", but unlike Orion he argued that this was due to the trust that certain jealous and suspicious foreign rulers placed in the loyalty of their eunuchized servants.
in a dialogue In Defence of Eunuchs also stated that the origin of the word was from eunoein and ekhein, "to have, hold", since they were always "well-disposed" toward the master who "held" or owned them. The 12th century
(s.v. eunoukhos) essentially repeats the entry from Orion, but stands by the first option, while attributing the second option to what "some say". In the late 12th century,
(Commentaries on Homer 43.16) offered an original derivation of the word from eunis + okheuein, "deprived of mating".
In translations of the Bible into modern European languages, such as the
or the , the word eunuchus as found in the
is usually rendered as officer, official or chamberlain, consistent with the idea that the original meaning of eunuch was bed-keeper (Orion's first option). Modern religious scholars have been disinclined to assume that the courts of Israel and Judah included castrated men, even though the
used the word eunoukhos.
The early 17th century scholar and theologian
therefore explains that the word originally designated an office, and he affirms the view that it was derived from eunē and ekhein (i.e. "bed-keeper"). He says the word only came to be applied to castrated men in general because such men were the usual holders of that office. Still, Vossius notes the alternate etymologies offered by Eustathius ("deprived of mating") and others ("having the mind in a good state"), calling these analyses "quite subtle". Then, after having previously declared that eunuch designated an office (i.e., not a personal characteristic), Vossius ultimately sums up his argument in a different way, saying that the word "originally signified continent men" to whom the care of women was entrusted, and later came to refer to castration because "among foreigners" that role was performed "by those with mutilated bodies".
Modern etymologists have followed Orion's first option. In an influential 1925 essay on the word eunuch and related terms, Ernst Maass suggested that Eustathius's derivation "can or must be laid to rest", and he affirmed the derivation from eunē and ekhein ("guardian of the bed"), without mentioning the other derivation from eunoos and ekhein ("having a well-disposed state of mind").
One major problem, however, with the derivation from eunē ("bed") is that, according to the rules of Greek vowel contractions (see ), the ou in eunoukhos requires an o-sound between the contracted words, specifically e+o, e+ou, o+e, o+ei, o+o or o+ou, and cannot feature an a-sound there. As an alpha-declension noun, eunē features the stem-vowel -a-, but an a-sound will not combine with any other vowels to produce the ou that occurs in eunoukhos. All words (other than eunoukhos anyway) that are formed by adding onto eunē have an a-sound or long e-sound in the combined syllable, as in eunater or eunēter ("bed-fellow"), eunaios ("in one's bed") or eunēthen ("from or out of bed"). By analogy, a compound between eunē and ekhein would be expected to come out as eunēkhos, or in English "eunech". Even if the form okhos ("carrier" or "holder") were compounded with eunē, as many dictionaries suggest, the stem-vowel a from eunē combined with the initial o from okhos would combine to form an omega, and the resulting word ("bed-carrier") would be expected to come out as eunōkhos, with the English word becoming "eunoch". On the other hand, the etymology offered by Eustathius (eunis + okheuein) would work only if eunis contributes an e-sound or o-sound to the compound. Unfortunately, there are no known compounds of eunis to use for comparison. Consequently, the rules of Greek vowel contraction at any rate favor the derivation from eunoos and ekhein ("having a well-disposed state of mind"). And in fact, other words that have the same ending -oukhos feature a stem-vowel o in the first word of the compound, such as skēptoukhos, rabdoukhos, lampadoukhos, ofioukhos and kleidoukhos.
Be that as it may, virtually all modern reference works cite the derivation from eunē and ekhein ("keeper of the bed").
Eunuchs were familiar figures in the
(ca. 850 until 622 BCE) and in the court of the Egyptian
(down to the Lagid dynasty known as Ptolemies, ending with ),(30 BCE). Political eunuchism became a fully established institution among the . Eunuchs held powerful positions in the Achaemenide court. The eunuch
(not to be confused with ) was the
and IV, and was the primary power behind the throne during their reigns, until he was killed by .
The practice was also well established in other Mediterranean areas among the Greeks and Romans, although a role as court functionaries does not arise until Byzantine times. The
or Priests of Cybele were eunuchs.
In the late period of the Roman Empire, after the adoption of the oriental royal court model by the Emperors
and , Emperors were surrounded by eunuchs for such functions as bathing, hair cutting, dressing, and bureaucratic functions, in effect acting as a shield between the Emperor and his administrators from physical contact, thus enjoying great influence in the Imperial Court (see
and ). Eunuchs were believed loyal and indispensable.[]
The Roman poet Martial rails against a woman who has sex with partially castrated eunuchs (those whose testicles were removed or rendered inactive only) in the bitter epigram (VI, 67): "Do you ask, Panychus, why your Caelia only consorts with eunuchs? Caelia wants the flowers of marriage – not the fruits."
It is up for debate whether this passage is representative of any sort of widely practiced behavior, however.
court, there were a great number of eunuchs employed in domestic and administrative functions, actually organized as a separate hierarchy, following a parallel career of their own. Archieunuchs—each in charge of a group of eunuchs—were among the principal officers in , under the . Under
in the 6th century, the eunuch
functioned as a successful general in a number of campaigns. By the last centuries of the Empire the number of roles reserved for eunuchs had reduced, and their use may have been all but over.
Following the Byzantine tradition, eunuchs had important tasks at the court of the
during the middle 12th century. One of them, , has been admiratus admiratorum, and another one, , was prime minister.
See also: .
A group of eunuchs. Mural from the tomb of the prince , 706 AD.
In China, castration included
as well as the testicles. Both organs were cut off with a knife at the same time.
From ancient times until the , castration was both a traditional punishment (one of the ) and a means of gaining employment in the Imperial service. Certain eunuchs gained immense power that occasionally superseded that of even the . , who lived during the Ming Dynasty, is an example of such a eunuch. Self-castration was a common practice, although it was not always performed completely, which led to its being made illegal.
It is said that the justification for the employment of eunuchs as high-ranking
was that, since they were incapable of having children, they would not be tempted to seize power and start a dynasty. In many cases, eunuchs were considered more reliable than the scholar officials. A similar system existed in .
The tension between eunuchs in the service of the emperor and virtuous Confucian officials is a familiar theme in Chinese history. In his History of Government,
points out that reality was not always that clear-cut. There were instances of very capable eunuchs who were valuable advisers to their emperor, and the resistance of the "virtuous" officials often stemmed from jealousy on their part.
argues that in reality, eunuchs represented the personal will of the Emperor, while the officials represented the alternate political will of the . The clash between them would thus have been a clash of ideologies or political agenda.
The number of eunuchs in Imperial employ fell to 470 by 1912, when the practice of using them ceased.[] The last Imperial eunuch, , died in December 1996.
This section requires . (December 2013)
Records of eunuchs in China date to the , when the Shang kings castrated prisoners of war.
Men sentenced to
were turned into eunuch slaves of the
state to perform forced labor for projects such as the . The Qin government confiscated the property and enslaved the families of rapists who received castration as a punishment. Men punished with castration during the
were also used as slave labor.
China castration continued to be used as a punishment for various offences. , the famous Chinese historian, was castrated by order of the Han Emperor of China for dissent. In another incident multiple people, including a chief scribe and his underlings, were subjected to castration.
During the early Ming period, China demanded eunuchs to be sent as tribute from Korea. Some of them oversaw the Korean concubines in the harem of the Chinese Emperor.
When the Ming army finally captured
from Mongols in 1382, thousands of prisoners were killed and, according to the custom in times of war, their young sons – including Zheng He – were castrated. During the , Chinese commanders castrated thousands of
boys when their tribes revolted, and then gave them as slaves to various officials.
On 30 Jan 1406, the Ming
expressed horror when the
castrated some of their own children to become eunuchs in order to give them to Yongle. Yongle said that the boys who were castrated were innocent and didn't deserve castration, and he returned the boys to Ryukyu and instructed them not to send eunuchs again.
At the end of the , there were about 70,000 eunuchs (宦官 huànguān, or 太監 tàijiàn) employed by the emperor, with some serving inside the .
Many of the non-Han Chinese peoples who founded states in China after invading originally did not have eunuchs as part of their culture, but adopted it from the Han Chinese.
The Khitan adopted the practice of using eunuchs from the Chinese and the eunuchs were non-Khitan prisoners of war. The Khitan were a
and originally did not have eunuchs as part of their culture. When the Khitan founded the
they developed a
system with concubines and wives and adopted eunuchs as part of it. The eunuchs were not Khitan and they came from two sources, all of their eunuchs were captured ethnic Chinese from the . The Khitan captured Chinese people who were already eunuchs at the Jin court when they invaded of the . Another source was during their war with the Chinese , the Khitan would raid China, capture Han Chinese boys as prisoners of war and
them to become eunuchs. The emasculation of captured Chinese boys guaranteed a continuous supply of eunuchs to serve in the Liao Dynasty harem. The Empress Dowager Chengtian played a large role in the raids to capture and emasculate the boys. The
Empress Dowager
(Chengtian) of the
took power at age 30 in 982 as a regent for her son. She personally led her own army against the
in 986 and defeated them in battle, fighting the retreating Chinese army. She then ordered the
of around 100 ethnic
boys she had captured in China, supplementing the Khitan's supply of eunuchs to serve at her court, among them was . The boys were all under ten years old and were selected for their good looks.
遼史 described and praised Empress Chengtian's capture and mass castration of Chinese boys in a biography on the Chinese eunuch Wang Ji'en.
The Empress is carried and accompanied by palace eunuchs, before 1908
The sons and grandsons of the rebel
in China were all . Surviving members of Yaqub Beg's family included his 4 sons, 4 grandchildren (2 grandsons and 2 granddaughters), and 4 wives. They either died in prison in , , or were killed by the Chinese. His sons Yima Kuli, K'ati Kuli, Maiti Kuli, and grandson Aisan Ahung were the only survivors in 1879. They were all underage children, and put on trial, sentenced to an agonizing death if they were complicit in their father's rebellious "sedition", or if they were innocent of their fathers' crimes, were to be sentenced to
and serve as eunuch slaves to Chinese troops, when they reached 11 years old, and were handed over to the Imperial Household to be
or castrated. In 1879, it was confirmed that the sentence of castra Yaqub Beg's son and grandsons were
by the Chinese court in 1879 and turned into eunuchs to work in the Imperial Palace.
A Qing dynasty eunuch, China, before 1911
The eunuchs of Korea, called Naesi (??, 內侍), were officials to the king and other royalty in traditional Korean society. The first recorded appearance of a Korean eunuch was in
("History of Goryeo"), a compilation about the
period. In 1392, with the founding of the , the Naesi system was revised, and the department was renamed the "Department of Naesi" (???, 內侍府).
The Naesi system included two ranks, those of Sangseon (??, 尙膳, "Chief of Naesi"), who held the official title of senior second rank, and Naegwan (??, 內官, "Common official naesi"), both of which held rank as officers. 140 naesi in total served the palace in Joseon Dynasty period. They also took the exam on
every month. The naesi system was repealed in 1894 following .
According to legend, castration consisted of daubing a boy's
with human
and having a dog bite them off. During the , eunuchs became a desirable commodity for , and dog bites were replaced by more sophisticated surgical techniques.
Eunuchs were the only males outside the royal family allowed to stay inside the palace overnight. Court records going back to 1392 indicate that the average lifespan of eunuchs was 70.0 ± 1.76 years, which was 14.4–19.1 years longer than the lifespan of non-castrated men of similar socio-economic status.
The Vietnamese adopted the eunuch system and castration techniques from China. Records show that the Vietnamese performed
in a painful procedure by removing the entire genitalia with both penis and testicles being cut off with a sharp knife or metal blade. The procedure was agonizing since the entire penis was cut off. The young man's thighs and abdomen would be tied and others would pin him down on a table. The genitals would be sterilized with pepper water and then cut off. A tube would be then inserted into the urethra to allow urination during healing. The eunuchs served as slaves to the Vietnamese palace women in the harem like the consorts, , maids, Queen, and Princesses, doing most of the work. The only man allowed in the Palace was the Emperor, the only others allowed were his women and the eunuchs since they were not able to have sexual relations with the women. The eunuchs were assigned to do work for the palace women like massaging and applying make up to the women and preparing them for sex with the Emperor.
This section requires . (December 2013)
was a prominent eunuch general during the
sent Vietnamese boy eunuchs as tribute to
China several times, in
and 1385 Nguyen Dao, Nguyen Toan, Tru Ca, and Ngo Tin were among several Vietnamese eunuchs sent to China.
During the , the Ming Chinese under the
castrated many young Vietnamese boys, choosing them for their handsomeness and ability, and brought them to Nanjing to serve as eunuchs. Among them were the architect-engineer
(阮浪). Vietnamese were among the many eunuchs of different origins found at Yongle's court. Among the eunuchs in charge of the Capital Battalions of
was Xing An, a Vietnamese.
the Vietnamese Emperor
was aggressive in his relations with foreign countries including China. A large amount of trade between Guangdong and Vietnam happened during his reign. Early accounts recorded that the Vietnamese captured Chinese whose ships had blown off course and detained them. Young Chinese men were selected by the Vietnamese for castration to become eunuch slaves to the Vietnamese. It has been speculated by modern historians that the Chinese who were captured and castrated by the Vietnamese were involved in trade between China and Vietnam instead of actually being blown off course by the wind and they were punished as part of a crackdown on foreign trade by Vietnam.
Several Malay envoys from the
were attacked and captured in 1469 by the
of Annam (Vietnam) as they were returning to Malacca from China. The Vietnamese enslaved and castrated the young from among the captured.
A 1472 entry in the
reported that when some Chinese from
escaped back to China after their ship had been blown off course into Vietnam, where they had been forced to serve as soldiers in Vietnam's military. The escapees also reported that they found out up to 100 Chinese men remained captive in Vietnam after they were caught and castrated by the Vietnamese after their ships were blown off course into Vietnam. The Chinese Ministry of Revenue responded by ordering Chinese civilians and soldiers to stop going abroad to foreign countries. China's relations with Vietnam during this period were marked by the punishment of prisoners by castration.
A 1499 entry in the Ming Shilu recorded that thirteen Chinese men from
including a young man named Wu Rui were captured by the Vietnamese after their ship was blown off course while traveling from
to 's Qin subprefecture (), after which they ended up near the coast of Vietnam, during the 's rule (1447 - 1487) . Twelve of them were enslaved to work as agricultural laborers, while the youngest,
(吳瑞) was selected for castration since he was the only young man and he became a eunuch attendant at the . After years of service, he was promoted at the death of the Vietnamese ruler in 1497 to a military position in northern Vietnam. A soldier told him of an escape route back to China and Wu Rui escaped to . The local chief planned to sell him back to the Vietnamese, but Wu was rescued by the
magistrate and then was sent to
to work as a eunuch in the palace.
records that in 1467 in An Bang province of Dai Viet (now ) a Chinese ship blew off course onto the shore. The Chinese were detained and not allowed to return to China as ordered by Le Thanh Tong. This incident may be the same one where Wu Rui was captured.
mocked eunuchs in her poem as a stand in for criticizing the government.
Commoners were banned from undergoing castration in Vietnam, only adult men of high social rank could be castrated, most eunuchs were born as such with a congenital abnormality. The Vietnamese government mandated that boys born with defective genitalia were to be reported to officials, in exchange for the town being freed from mandatory labor requirements. The boy would have the option of serving as a eunuch official or serving the palace women when he became ten years old. This law was put in place in 1838 during the . The only males allowed inside the Forbidden City at
were the Emperor and his eunuchs.
The presence of eunuchs in Vietnam was used by the French colonizers to degrade the Vietnamese.
(modern Thailand)
served as eunuchs in the Thai palace and court. The Thai at times asked eunuchs from China to visit the court in Thailand and advise them on court ritual since they held them in high regard.
saw many Muslims serving as eunuchs in
(modern Myanmar) while on a diplomatic mission. These Muslim eunuchs came from .
Chief Eunuch of
at the Imperial Palace, 1912.
In the , eunuchs were typically
imported from outside their domains. A fair proportion of male slaves were imported as eunuchs.
The —within the
() and later the
() in —was under the administration of the eunuchs. These were of two categories: Black Eunuchs and White Eunuchs. Black Eunuchs were Africans who served the concubines and officials in the Harem together with chamber maidens of low rank. The White Eunuchs were Europeans from the . They served the recruits at the
and were from 1582 prohibited from entering the Harem. An important figure in the Ottoman court was the
(K?zlar A?as? or Dar al-Saada A?as?). In control of both the Harem and a net of spies in the Black Eunuchs, the Chief Eunuch was involved in almost every palace intrigue and could thereby gain power over either the sultan or one of his viziers, ministers, or other court officials. One of the most powerful Chief Eunuchs was
in the 1730s, who played a crucial role in establishing the Ottoman version of
Islam throughout the Empire by founding libraries and schools.
Many sources claim that eunuchs in the nineteenth century Ottoman Empire were created mainly at one Coptic monastery, variously said to be called "Abou Gerghè", "Abou Gerhè", or "Abou Gerbe".
Edmund Andrews of the , in an 1898 article called "Oriental Eunuchs" in the Journal of American Medicine, refers to Coptic priests in "Abou Gerhè in Upper Egypt" castrating slave boys.
Coptic castration of slaves was discussed by , in his book History of Circumcision from the Earliest Times to the Present, published in 1900. He refers to the "Abou-Gerghè" monastery in a place he calls "Mount Ghebel-Eter". He adds details not mentioned by Andrews such as the insertion of bamboo into the victim. Bamboo was used with Chinese eunuchs. Andrews states his information is derived from an earlier work, "Les Femmes, les eunuques, et les guerriers du Soudan" published by a French explorer, Count de Bisson, in 1868, though the place does not appear in de Bisson's book.
Remondino's claims were repeated in similar form by Henry G. Spooner in 1919, in the American Journal of Urology and Sexology. Spooner, an associate of , referred to the monastery as "Abou Gerbe in Upper Egypt".
According to Remondino, Spooner and several later sources, the Coptic priests sliced the penis and testicles off
slave boys around the age of eight. The boys were captured from Abyssinia and other areas in
and , then brought into Sudan and Egypt. During the operation, the Coptic clergyman chained the boys to tables and after slicing off their sexual organs, and stuck a piece of bamboo into the genital area, then submerged them in neck-high sand to burn. The recovery rate was ten percent. The resulting eunuchs fetched large profits in contrast to eunuchs from other areas.
An identifiable Coptic area named in relation to castration of slaves is the former village of Al-Zawya. Slave traders travelling north from the Sudan would castrate their slave boys here, before entering Muslim city of , 10 miles north, where they could be sold.
Eunuchs were frequently employed in Imperial palaces by Hindu rulers as servants for female royalty, as guards of the royal harem, and as sexual mates for the nobles. Some of these attained high-status positions in society. An early example of such a high-ranking eunuch was , a Hindu boy captured and enslaved (along with tens of thousands of other Hindus who were typically captured during such raids) during the raids of the Delhi Sultanate into Gujarat. He was made into a eunuch, and on account of his good looks became a sexual favorite with . Ziauddin Barani describes in much detail the relations between him and Khilji. Kafur rose to become Malik Naib (head of the army) and led Khilji's expeditions into the Southern India.
Eunuchs in Imperial palaces were organized in a hierarchy, often with a senior or chief eunuch (Urdu: Khwaja Saras) directing junior eunuchs below him. Eunuchs were highly valued for their strength, ability to provide protection for ladies' palaces and trustworthiness, allowing eunuchs to live amongst women with fewer worries. This enabled eunuchs to serve as messengers, watchmen, attendants and guards for palaces. Often, eunuchs also doubled as part of the King's court of advisers.
Main article:
refers to people of a "" (triteeyaprakrti), who can be dressed either in men's or in women's clothes and perform
on men. The term has been translated as "eunuchs" (as in 's translation of the book), but these persons have also been considered to be the equivalent of the modern
of India.[]
term traditionally translated into English as "eunuch", actually refers to what modern Westerners would call male-to-female
people and
homosexuals (although some of them reportedly identify as belonging to a ). Some of them undergo ritual castration, but the majority do not. They usually dress in
(traditional Indian garb worn by women) or
(traditional garb worn by women in South Asia) and wear heavy make-up. They typically live in the margins of society and face discrimination. However, they are integral to several Hindu ceremonies which is primary form of their livelihood. They are a part of dance programs (sometimes adult) in marriage ceremonies. They also perform certain ceremonies for the couple in Hindu tradition. Other means to earn their living are: by coming uninvited at weddings, births, new shop openings and other major family events and singing until they are paid or given gifts to go away. The ceremony is supposed to bring good luck and fertility, while the curse of an unappeased hijra is feared by many. Other sources of income for the hijra are begging and prostitution. The begging is accompanied by singing and dancing and the hijras usually get the money easily. Some Indian provincial officials have used the assistance of hijras to collect taxes they knock on the doors of shopkeepers, while dancing and singing, and embarrass them into paying. Recently, hijras have started to found organizations to improve their social condition and fight discrimination, such as the Shemale Foundation Pakistan.
Castration as part of religious practice, and eunuchs occupying religious roles have been established prior to classical antiquity. Archaeological finds at
indicate worship of a 'Magna Mater' figure, a forerunner of the goddess
found in later
and other parts of the near East. Later Roman followers of Cybele, were called , who practiced ritual self-castration, known as sanguinaria.
The practice of religious castration continued into the Christian era, with members of the early church practising celibacy (including castration) for religious purposes, although the extent and even the existence of this practice among Christians is subject to debate. The early theologian
found evidence of the practice in ,: "His disciples said to him, "If such is the case of a man with his wife, it is better not to marry." But he said to them, "Not everyone can accept this teaching, but only those to whom it is given. For there are eunuchs who have been so from birth, and there are eunuchs who have been made eunuchs by others, and there are eunuchs who have made themselves eunuchs for the sake of the kingdom of heaven. Let anyone accept this who can." (NRSV)
Tertullian, a 2nd-century Church Father, described Jesus himself and Paul of Tarsus as spadones, which is translated as "eunuchs" in some contexts. Quoting from the cited book: "... Tertullian takes 'spado' to mean virgin ...". The meaning of spado in late antiquity can be interpreted as a metaphor for celibacy, however Tertullian's specifically refers to St. Paul as being castrated.
Eunuch priests have served various goddesses from India for many centuries. Similar phenomena are exemplified by some modern Indian communities of the , which are associated with a deity and with certain rituals and festivals – notably the devotees of , or jogappas, who are not castrated and the Ali of southern India, of whom at least some are.
The 18th-century Russian
(скопцы) sect was an example of a , where its members regarded castration as a way of renouncing the
of the flesh. Several members of the 20th-century
cult were found to have been castrated, apparently voluntarily and for the same reasons.
Eunuchs are mentioned many times in the
such as in the
(56:4) using the word ???? (saris). Although the Ancient
did not practice castration, eunuchs were common in other cultures featured in the Bible, such as , , the
and . In the , servants of the harem of
such as Hegai and Shashgaz as well as other servants such as Hatach, Harbonah, Bigthan, and Teresh are referred to as sarisim. Being exposed to the consorts of the king, they would have likely been castrated.
There is some confusion regarding eunuchs in
passages, since the
word for eunuch, saris (????), could also refer to other servants and officials who had not been castrated but served in similar capacities. The Egyptian royal servant
is described as a saris in , although he was married and hence unlikely to have been a eunuch. The cupbearer who became governor of Judah, , may have been a eunuch.[]
One of the earliest converts to Christianity was an
who was a high court official of
the Queen of Ethiopia.
The reference to "eunuchs" in
has yielded various interpretations.
describes a particular ethnic group afflicted with high rates of erectile dysfunction as "the most eunuchoid of all nations" (Airs Waters Places 22). According to
(1.2, 4.1), male or female gender is defined by the function played in procreation and consists of two elements: the faculty to procreate and the anatomical parts needed to put that faculty in practice. Any man who either lacked the faculty of procreation from birth, even with a full set of genitals (Gen.An. 2.7), or was eventually deprived of the anatomical parts necessary for procreation met the definition of a eunuch. Hence, the term "eunuch" was applied not only to castrated men, but also to a wide range of men who were unable to procreate. The broad sense of the term "eunuch" is reflected in the compendium of ancient
collected by
in the 6th century known as the Digest or . Those texts distinguish between the general category of eunuchs (spadones, denoting "one who has no generative power, an impotent person, whether by nature or by castration", D 50.16.128) and the more specific subset of castrati (castrated males, physically incapable of procreation). Eunuchs (spadones) sold in the slave markets were deemed by the jurist
to be "not defective or diseased, but healthy", because they were anatomically able to procreate just like
(D 21.1.6.2). On the other hand, as
pointed out, "if someone is a eunuch in such a way that he is missing a necessary part of his body" (D 21.1.7), then he would be deemed diseased. In these Roman legal texts, spadones are eligible to marry women (D 23.3.39.1), institute posthumous heirs (D 28.2.6), and adopt children (Institutions of Justinian 1.11.9), unless they are castrati.
Main article:
Eunuchs castrated before
were also valued and trained in several cultures for their exceptional voices, which retained a childlike and other-worldly flexibility and treble pitch (a high-pitched voice). Such eunuchs were known as . Unfortunately the choice had to be made at an age when the boy would not yet be able to consciously choose whether to sacrifice his reproductive capabilities, and there was no guarantee that the voice would remain of musical excellence after the operation.
As women were sometimes forbidden to sing in Church, their place was taken by castrati. The practice, known as castratism, remained popular until the 18th century and was known into the 19th century. The last famous Italian castrato, , died in 1861. The sole existing sound recording of a castrato singer documents the voice of , the last eunuch in the
choir, who died in 1922.
The hijra of India (see above) may number as many as 2,000,000, and are usually described as eunuchs, although they may be more of a male-to-female
individual, but have surgical castration instead of , and seldom have access to hormones. The loss of
and lack of
means their bodies take on the characteristics of post-pubertal eunuchs.
The most commonly castrated men are advanced
patients. In the United States alone there are more than 200,000 new cases of prostate cancer diagnosed each year. It is estimated that over 80,000 of these men will be surgically or chemically castrated within six months of diagnosis. With the average life expectancy after castration, there are approximately a half million
or surgically castrated prostate cancer patients at any time in the U.S. alone.[] While most of these men would deny the term "eunuch," they meet all physiological characteristics of post-pubertal eunuchs. Some do, however, embrace the term for the historic and psychological grounding that it gives them.
Convicted sex offenders who have been castrated are rare, although there is debate as to whether the drastic reduction of testosterone and the consequent diminishing of libido might have an effect on .
A study on eunuchs has found that they live 13.5 years longer than non-eunuch men as a result of a lack of testosterone, which suppresses the immune system, and its resultant negative effects on health.
Black eunuch of the Ottoman Sultan. Photograph by , 1870s
Main article:
The 2001 documentary film Bombay Eunuch examines the changing role of India's , some of whom are also eunuchs
The 2011 film Nilkantho treats the plight of the Indian hijras with sensitivity
The 2003 documentary film American Eunuchs investigates the underworld of modern eunuchs in America
Kiss the Moon, a 2010 documentary set in Pakistan, portrays three generations of eunuchs examining the ancient rituals and religious beliefs surrounding their community
, a 1988 Chinese biographical film directed by , tells the story of , who saw the last royal palace's extravagant lifestyle and experienced the breakdown of the last imperial empire and felt the new changes brought by the new age.
In Mel Brook's 1981 comedy , under the section of "The Roman Empire", an entire scene is devoted to a joke about Eunuchs, the length of African genitals, and the song, ""; all rolled into one.
Several tales of the
focus on eunuchs
Eunuchs feature prominently in Montesquieu's 1722 novel , about Persian visitors to 18th-century France
Bagoas, the eunuch favorite of , is the main character and narrator of , a 1972 historical novel by Mary Renault
and its sequels are
in the 1830s, written by
featuring Yashim, a eunuch detective
George R. R. Martin's fantasy series
features the eunuch Varys, also called the Spider, a court official, bearing the title of Master of Whisperers, the equivalent of the real world . The Unsullied, elite eunuch soldiers are also greatly featured in the books.
In the manga "" one of the main villains, Urhi, is a eunuch.
In chronological order.
Aspamistres or Mithridates (5th century BCE): bodyguard of
of , and (with ) his murderer.
: an envoy of
of Persia.
(4th century BCE): prime minister of king
of Persia, and his assassin. (Bagoas is an old Persian word meaning eunuch.)
(4th century BCE): a favorite of . Influential in changing Alexander's attitude toward Persians and therefore in the king's policy decision to try to integrate the conquered peoples fully into his Empire as loyal subjects. He thereby paved the way for the relative success of Alexander's
successors and greatly enhanced the diffusion of Greek culture to the East.
(4th/3rd century BCE): founder of the
(old romanization Ssu-ma Chi' 2nd/1st century BCE): the first person to have practiced modern
– gathering and analyzing both primary and secondary sources in order to write his monumental history of the Chinese empire.
(1st century BCE): highly capable adviser and general of
VII's sister and rival, Princess . Unsuccessfully attacked Julius Caesar three times at Alexandria.
(1st century BCE): regent for pharaoh .
(1st century BCE): an attractive Roman boy who was castrated by, and later married to, Emperor
Unidentified
(1st century CE), described in
(chapter 8). , one of the original seven deacons, is directed by the Holy Spirit to catch up to the eunuch's chariot and hears him reading from the
(chapter 53).
explained that the section prophesies Jesus' crucifixion, which Philip described to the eunuch. The eunuch was baptized shortly thereafter.
(old romanization Ts'ai L 1st/2nd century CE): reasonable evidence exists to suggest that he was truly the inventor of . At the very least, he established the importance of paper and standardized its manufacture in the Chinese empire.
: early Christian theologian, allegedly castrated himself based on his reading of the
19:12 (For there are eunuchs, who were born so from their mother's womb: and there are eunuchs, who were made so by men: and there are eunuchs, who have made themselves eunuchs for the kingdom of heaven. He that can take, let him take it.). Despite the fact that the early Christian theologian
wrote that
was a eunuch, there is no corroboration in any other early source. (The
did, however, believe it to be true.)[]
(5th century): only eunuch known to have attained the highly distinguished and very influential position of Roman .
: chief minister of Eastern Roman Emperor , architect of imperial policy towards the Huns.
(478–573): general of Byzantine emperor , responsible for destroying the
in 552 at the
in Italy and saving Rome for the empire.
: general and governor of Africa under Justinian I
: chief associate and minister of the Byzantine empress
(799–877): twice
during troubled political times [847–858 and 867–877]. First absolutely unquestioned eunuch saint, recognized by both the Orthodox and Roman Churches. (There are a great many early saints who were probably eunuchs, though few either as influential nor unquestioned as to their castration.)
(died 891): Emir of
and successful commander in the wars against Byzantium
(845/846–933/934): Commander-in-chief of the
armies between 908 and his death,
: chief minister of the Byzantine Empire under
(959-963).
(c. 1010- c. 1070): Chinese mathematician, Invented the Jia Xian triangle for the calculation of
(): general during the
in Vietnam. Penned what is considered the first Vietnamese declaration of independence. Regarded as a Vietnamese national hero.
(): French scholastic philosopher and theologian. Forcibly castrated by his girlfriend's uncle while in bed.
( ): a eunuch slave who became a general in the army of , ruler of the .
(): famous admiral who led huge Chinese fleets of .
(late 16th century): a Spanish eunuch who became the head of the Moroccan invasion force into the .
: one of the most famous eunuchs in Korean , ably served kings in the Joseon dynasty. His life is now the subject of a
: chief of the Qajar tribe. He became the King/Shah of Persia in 1794 and established the Qajar dynasty.
: favourite of Qin Shihuangdi, who plotted against
(died 210 BC)
: head of the infamous "10 Changshi" () of Eastern
: eunuch in the state of S also appears in the
: eunuch in the state of Wu during the Three Kingdoms Period
: a loyal and trusted friend of
: famous 18th-century Vietnamese eunuch, military strategist and government official (not a true eunuch, he was born a )
(): Italian contralto castrato singer.
(): Italian soprano castrato singer.
(c. ): Italian soprano castrato singer.
eunuch who began another era of eunuch rule
eunuch who began his "career" as army supervisor
eunuch with much power, see
: patron saint of eunuchs in China who castrated himself to demonstrate his loyalty to emperor
: admiral in charge of expeditions down the
: a well-known eunuch
: most infamous eunuch in
: a Chinese eunuch in
Annam (Vietnam)
: a despotic eunuch of the
(1832 – presumed dead 1894): who killed , castrated himself to avoid temptation from prostitutes
(), Italian castrato singer, the only one to make recordings.
(): last surviving imperial eunuch of Chinese history
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(Page 19 on online document viewer, Page 13 on actual document)
JENNIFER W. JAY
UNIVERSITY OF ALBERTA, Canada
This paper was presented at the Asian Studies on the Pacific Coast Conference, June 16–18, 1995, at Forest Grove, Oregon, U.S.A. Research for this project was facilitated by a grant from the Social Sciences and Humanities Research Council of Canada. (Although the link is to a forum, the paper is posted in its full length there since it is not available online as it was never published. The following links are to papers and articles where the original paper by Jennifer W. Jay was referenced in the bibliography)
University of Alberta, Alberta, Canada
Eunuchs and Sinicization in the non-Han Conquest Dynasties of China
[5] Jennifer, W. Jay. The Eunuchs and Sinicization in the Non-Han Conquest of China. A paper presented to the Asian Studies on the Pacific Coast Conference 1995. Not published.
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(PDF). 廣東省社會科學院歷史研究所 南開大學中國社會歷史研究中心. p. 12 2013. 此外,沿海平民在海上航行或捕撈漁獵,遇風漂流至越南者時有發生。如成化十三年, 廣東珠池奉御陳彜奏:南海縣民遭風飄至安南被編入軍隊及被閹禁者超過 100 人。5成化中, 海南文昌人吳瑞與同鄉劉求等 13 人到欽州做生意,遇風飄至安南,當局將他們"俱發屯田, 以瑞獨少,宮之"。6... 6《明孝宗實錄》卷一百五十三,弘治十二年八月辛卯。
李慶新. . 廣東省社會科學院歷史研究所 南開大學中國社會歷史研究中心. p. 12 2013.
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, p. 
"首页 & 06史藏-1725部 & 03别史-100部 & 49-明实录宪宗实录-- & 203-大明宪宗纯皇帝实录卷之二百十九".
(in Chinese) 2013. Simplified Chinese:○满剌加国使臣端亚妈剌的那查等奏成化五年本国使臣微者然那入贡还至当洋被风漂至安南国微者然那与其傔从俱为其国所杀其余黥为官奴而幼者皆为所害又言安南据占城城池欲并吞满剌加之地本国以皆为王臣未敢兴兵与战适安南使臣亦来朝端亚妈剌的那查乞与廷辨兵部尚书陈钺以为此已往事不必深校宜戒其将来 上乃因安南使臣还谕其王黎灏曰尔国与满剌加俱奉正朔宜修睦结好藩屏王室岂可自恃富强以干国典以贪天祸满剌加使臣所奏朝廷虽未轻信尔亦宜省躬思咎畏天守法自保其国复谕满剌加使臣曰自古圣王之驭四夷不追咎于既往安南果复侵陵尔国宜训练士马以御之 Traditional Chinese:○滿剌加國使臣端亞媽剌的那查等奏成化五年本國使臣微者然那入貢還至當洋被風漂至安南國微者然那與其傔從俱為其國所殺其餘黥為官奴而幼者皆為所害又言安南據占城城池欲併吞滿剌加之地本國以皆為王臣未敢興兵與戰適安南使臣亦來朝端亞媽剌的那查乞與廷辨兵部尚書陳鉞以為此已往事不必深校宜戒其將來 上乃因安南使臣還諭其王黎灝曰爾國與滿剌加俱奉正朔宜修睦結好藩屏王室豈可自恃富強以幹國典以貪天禍滿剌加使臣所奏朝廷雖未輕信爾亦宜省躬思咎畏天守法自保其國複諭滿剌加使臣曰自古聖王之馭四夷不追咎于既往安南果複侵陵爾國宜訓練士馬以禦之
, p. 
Leo K. Shin (2007). "Ming China and Its Border with Annam". In Diana Lary.
(PDF) (illustrated ed.). UBC Press. p. 92.   2013.
"首页 & 06史藏-1725部 & 03别史-100部 & 49-明实录宪宗实录-- & 106-明宪宗纯皇帝实录卷之一百六".
(in Chinese) 2013. Simplified Chinese:○癸亥广东守珠池奉御陈彝奏南海县民为风飘至安南国被其国王编以为军其后逸归言中国人飘泊被留及所为阉禁者百余人奏下户部请移文巡抚镇守等官禁约军民人等毋得指以□贩私通番国且令守珠军人设法堤备从之 Traditional Chinese:○癸亥廣東守珠池奉禦陳彝奏南海縣民為風飄至安南國被其國王編以為軍其後逸歸言中國人飄泊被留及所為閹禁者百余人奏下戶部請移文巡撫鎮守等官禁約軍民人等毋得指以□販私通番國且令守珠軍人設法堤備從之
《明宪宗实录》卷一百六，成化八年七月癸亥
Tsai (1996), p. 16 , p. 16, at
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"首页 & 06史藏-1725部 & 03别史-100部 & 47-明实录孝宗实录-- & 146-明孝宗敬皇帝实录卷之一百五十三".
(in Chinese) 2013. Simplified Chinese:○金星昼见于辰位○辛卯吴瑞者广东文昌县人成化中与同乡刘求等十三人于钦州贸易遭风飘至安南海边罗者得之送本国求等俱发屯田以瑞独少宫之弘治十年国王黎灏卒瑞往东津点军得谅山卫军杨三知归路缘山行九日达龙州主头目韦琛家谋告守备官送还琛不欲久之安南国知之恐泄其国事遣探儿持百金为赎琛少之议未决而凭祥州知州李广宁闻之卒兵夺送于分守官都御史邓廷瓒遣送至京礼部请罪琛为边人之戒奖广宁为土官之劝从之瑞送司礼监给役 Traditional Chinese:○金星晝見於辰位○辛卯吳瑞者廣東文昌縣人成化中與同鄉劉求等十三人於欽州貿易遭風飄至安南海邊羅者得之送本國求等俱發屯田以瑞獨少宮之弘治十年國王黎灝卒瑞往東津點軍得諒山衛軍楊三知歸路緣山行九日達龍州主頭目韋琛家謀告守備官送還琛不欲久之安南國知之恐洩其國事遣探兒持百金為贖琛少之議未決而憑祥州知州李廣寧聞之卒兵奪送於分守官都御史鄧廷瓚遣送至京禮部請罪琛為邊人之戒獎廣寧為土官之勸從之瑞送司禮監給役
《明孝宗实录》卷一五三，弘治十二年八月辛卯
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