著者

水戸部 正男

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1965, no.15, pp.1-30,I, 1965-10-10 (Released:2009-11-16)

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In 1903, Dr. Y. Hagino declared that the Kenmu-shikimoku was nothing but a political opinion, so he could not recognize it as a promalgated law.Ever since not only historians but also legal historians have supported his opinion. Recently Mr. Sato, professor of Tokyo University examined the contents of the Kenmu-shikimoku and recognized it as a law of the Muromachi Shogunate.I examined the contents which were quoted in Shodanchiyo (_??__??__??__??_) by Kanera Ichijo (_??__??__??__??_) and supplemented Mr. Sato's opinion. I compared the contents of the law with the political and social conditions of Nanboku-cho age. I also compared the supplemental laws of the Kamakura Shogunate with those of the Muromachi Shogunate. I have come to the conclusion that the Kenmu-shi-kimoku was the report itself of Zeen Nikaido (_??__??__??__??__??_) and others presented to Shogun Takauji Ashikaga (_??__??__??__??_) at the request of the latter.