著者

久村 因

出版者

東洋文庫

雑誌

東洋学報 = The Toyo Gakuho

巻号頁・発行日

vol.37, no.2, pp.233-263, 1954-09

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Punishment by curtailing of personal liberty is said to have developed comparatively early in China. This essay, which investigates the circumstances of banishment applied by the Former Han to the feudal lords, reaches the following conclusions:1. The place of banishment was limited to the provinces of Shu 蜀 and Han-chung漢中. 2. As it was a punishment commuted by amnesty from sentence of death it was not a part of the general penal code of the Former Han dynasty.a. Additional punishments included demotion or fines.b. After judgment was given the person to be banished had the status of a free man, but this seems to have been with effect from the time of his reaching his place of banishment. Moreover, at the place of banishment he usually was prudent enough to keep behind closed doors.c. At the place of banishment, clothes, food and lodging were generally supplied by the district 縣 in which it was situated, while the sharing of the lodging appears usually to have been restricted to the children and their mother.d. After judgment had been given ordinary amnesties were not applicable.3. Thus when the abolished domains of the feudal lords were restored it was common, that the succession went to others than the real sons, which was exceptional to the law of succession under the Former Han.4. This custom ceased with the establishment of the Later Han dynasty.(Concerning the origin of this custom nothing can be said here because of lack of space)