著者

長野 壮一

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.126, no.12, pp.1-37, 2017

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フランス革命後における中間団体をめぐる政治文化を考える際の基本概念に「団結」と「結社」がある。団結と結社は従来の研究において関連付けて論じられることが多かったが、両概念の連関は必ずしも自明ではない。なぜなら、そもそも刑法典において団結と結社はそれぞれ別の項目で記載されており、また団結と結社のいずれか片方にしか言及していない研究も散見されるためである。先行研究の多くが団結と結社を関連付けて論じた要因として、刑法典における団結禁止規定(第414~416条)の改正について論じる際に従来の研究が主として依拠した史料(立法院委員会による法案趣旨説明)において、結社権への言及が多く見られたという点が指摘できる。そこで本論文は、法案によって示された中間団体認識が同時代における言説体系の中でどのような位置付けにあったのかを解明するため、委員会による趣旨説明にとどまらず、法改正に関連する史料を網羅的に分析した。<br>その結果として明らかとなったのは次の事実である。法案審議の過程においては、公序の観点から家族的結社を推奨し団結権を否認する立場と、労働の自由の延長として結社権と団結権を肯定する立場が併存していた。しかしながら、最終的に成立した法案はいずれの立場とも完全には相容れず、結社は個々人の利害の集合である団結とは異なり団体としての利害を持つとする認識、並びに団結権は結社権に至る通過点であるとする認識からなる折衷的な立場を取った。法案は時代の趨勢に反し、立法者独自の中間団体認識に立脚していたのである。こうした立法者の戦略は団結権法認を成功へと導くには有効であったが、その一方で結社の法的立場は曖昧なまま残された。団結法改正の過程で示された中間団体認識はその後、第三共和政初期の社会政策において常に問い直される帰結となるだろう。

著者

前田 亮介

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.118, no.4, pp.589-614, 2009

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After the inauguration of the Imperial Diet in 1890, the Meiji State, the oligarchic Government called hanbatsu 藩閥, needed to reorganize itself in its relationship with the popular parties, which were seriously attacking the hanbatsu in order to retrench administrative expenditure. In this situation, the Hokkaido Reform was one of the most symbolic issues of the hanbatsu's self-reformation, because there had been the image of administrative waste in Hokkaido which was ruled by Kuroda Kiyotaka 黒田清隆, the leader of the Satsuma clan 薩派, who had long resisted the Diet System. In May 1891, the Matsukata Masayoshi 松方正義 Cabinet was set up and tried to overcome the problem of these maladies, which was a weakness of the hanbatsu Government. His "expansionist policies" 積極主義, including the Hokkaido Reform, were epochmaking in that the oligarchs could face the parties by using the excess revenue left over from the first Diet session for the manifestation more attractive than the parties', although that surely meant great damage for the Satsuma clan. The Hokkaido Reform by the Matsukata Cabinet progressed in two phases: staff reform and administration reform, both meant to protect Hokkaido from the parties' advance. First, at the initiative of the Minister of Interior Affairs Shinagawa Yajiro 品川弥二郎, large-scale personnel reduction, including the Director General of Hokkaido Government of the Satsuma clan, was carried out before the second session of the Diet. While Shinagawa and the new Director General Watanabe Chiaki 渡辺千秋 failed to reform Hokkaido sufficiently, the popular parties still attacked the Government through the Hokkaido problem. As the second reform, Shinagawa and Watanabe gradually planned to vest great authority in the Director General and the Hokkaido Government, compelling the cabinet to make the latter independent from the Department of the Interior before the third session of the Diet. In spite of the agreement of Ito Hirobumi 伊藤博文, however, the administration reform project unfortunately collapsed with the resignation of the Matsukata Cabinet, in July 1892, activating political conflict about the bargaining chip of Hokkaido. But, throughout this process, the Satsuma clan failed to mention their special interests in Hokkaido decisively. Instead, the popular parties, especially the Jiyuto 自由党, advanced on Hokkaido. This was in parallel with the Satsuma clan's fall in the Government and the parties' rise in the central political situation. In the face of Diet System, the oligarchs' monopoly of power in the Hokkaido was denied, and the fundamental political restructuring, namely the hanbatsu's self-reorganization, occurred.

著者

龍福 義友

出版者

公益財団法人史学会

雑誌

史學雜誌 (ISSN:00182478)

巻号頁・発行日

vol.93, no.2, pp.243-246, 1984-02-20

著者

木畑 洋一

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.97, no.8, pp.1408-1415, 1988-08-20 (Released:2017-11-29)

著者

澤本 光弘

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.117, no.6, pp.1097-1122, 2008-06-20 (Released:2017-12-01)

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It was in 926 AD that Bohai was conquered by Yelu-Abaozhi 耶律阿保機, founder of the Kitai 契丹 (Liao 遼) Dynasty and was designated as Dongdanguo 東丹国. There were many aspects of Dongdanguo that had escaped researchers until 1992, when the inscribed epitaph of Yelu-Yuzu 耶律羽之 was discovered. In this article, the author first investigates the genealogy contained in the inscription and concludes that the leaders of Yelu Abaozhi's tribe (迭剌部 Dielabu) participated in the governance of Dongdanguo. At that time, the Dielabu had been broken up in order to control its burgeoning power over the other seven tribes, necessitating a redistribution of land and people for the purpose of herding. Dongdanguo was established by allocating authority over Bohai to such members of the Dielabu as the brothers of Yelu-Yuzu. In other words, in the background of the establishment of Dongdanguo there lay not only the problem of governing the former subjects of Bohai, but also the aspect of a nomadic state distributing land and human resources among its members. Secondly, the author puts the bureaucratic chaos of Dongdanguo described in the existing source materials into better perspective based on the inscription. Here, the former bureaucratic system of Bohai, with such offices as Daneixiang 大内相, was not only kept in tact to govern Bohai, but was also instituted as a means for organizing Kitai tribes ; that is, adapted to Kitai society itself. Finally, concerning the reason for moving the capital of Eastern Kitai to Liaoyan 遼陽, the inscription shows that king of Kitai was involved in a decision based on the proximity of Liaoyan to the territory controlled by the Dielabu, rather than the conventional explanation that the move was motivated by the desire to monitor the activities of Yelu-tuyu 耶律突欲, the king of Dongdanguo. There is also the view in the research to date that Dongdanguo did not in fact exist, but the discovery of the inscription clearly shows that Dongdanguo was incorporated into the ruling class of Kitai tribal politics, adapted to its nomadic society and was a functioning polity.

著者

伊藤 之雄

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.109, no.3, pp.438-447, 2000

著者

戸川 貴行

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.123, no.11, pp.2017-2023, 2014-11-20 (Released:2017-07-31)

著者

長島 修

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.91, no.12, pp.1839-1847, 1982-12-20 (Released:2017-11-29)

著者

柴田 三千雄

出版者

山川出版社

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.82, no.9, pp.67-76, 1973-09

著者

五味 文彦

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.92, no.6, pp.1002-1031,1104-, 1983-06-20 (Released:2017-11-29)

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If one were to analyze the previous research work done on provinces held in fief (chigyokoku 知行国), one could divide this work into studies on the changes which took place in that system over time and studies of the system's structural characteristics. As opposed to the former's tendency to limit itself merely to provinces held in fief by the Taira Family (Heishi 平氏), in this essay the author attempts to trace the development of provincial fiefdoms in general over the whole period of the retired emperor's house rule (Insei-ki 院政期) from 1086 to 1179. In concrete terms, the author will trace the changes which occurred in the provincial fiefdoms held not only by the Taira but also by the female members of the retired emperor's family (Nyoin 女院), house advisors (In-no-kin-shin 院近臣) and the Fujiwara Regents (Sekkanke 摂関家), and investigate the changes in relation to the political process of the time. In his investigations the author was able to discover some previously unnoticed historical materials which helped him to make the following points : 1)Provinces held in fief were established into a system in the form of allotments to house advisors ; however, this stage was only achieved after the 2nd year of the Kajo 嘉承 era (1107), when the house government of the ex-emperor Shirakawa 白河 got under way in earnest. 2)Provincial fiefdoms formed the material base of the lord/vassal relationship between the ex-emperor and fiefdom holders ; and the appointed numder of these fiefdoms was the numerical expression of the degree of intimacy between the two parties. And for that reason, all fiefdom holders went out in many ways to both maintain and increase their appaointed number. 3)The Taira Family, through the risings of the Hogen 保元 and Heiji 平治 eras (1156 and 1159), succeeded in expropriating the provincial fiefdoms held by house advisors and the Fujiwara Regents, and built the Taira hegemony upon them which lasted until 1185. 4)The fact that the infeudation of the top administrative office for Kyushu, Dazaifu 太宰府, was urged by both the Taira and the Fujiwara Regents, proves that the provincial fiefdom system also spread to various offices within the imperial court.

著者

戸川 貴行

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.123, no.11, pp.2017-2023, 2014

著者

酒寄 雅志

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.110, no.11, pp.2016-2017, 2001

著者

奥平 俊六

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.96, no.5, pp.743-748, 1987

著者

松方 冬子

出版者

公益財団法人史学会

雑誌

史學雜誌 (ISSN:00182478)

巻号頁・発行日

vol.116, no.1, 2007-01-20

著者

長倉 保

出版者

山川出版社

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.62, no.7, pp.668-682, 1953-07

著者

渡邊 伸

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.114, no.9, pp.1589-1595, 2005

著者

国分 航士

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.119, no.4, pp.479-505, 2010-04-20 (Released:2017-12-01)

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Article 30 of the Meiji Constitution pertaining to petitions filed by imperial subjects specified that "rules" for concrete procedures were to be established; and the Parliament Act (Gi'inho 議院法) concerning petitions to the congress, and the Petitions Act (Seiganrei 請願令) pertaining to petitions filed with the Emperor and administrative bureaus were promulgated as a result. This article examines the process of promulgating the Petitions Act by discussing why the act was passed in 1917. in addition, the article discusses the new link that was established between the Emperor and his subjects (or rather, the nation) through the enactment of the petition system through an examination of the conditions before, during and after the enactment of the Constitution. Because the act of petitioning the Emperor was prohibited prior to the Constitution's enactment, focus was placed more on appeals to administrative bureaus at that time. However, in the process of enacting the Constitution and studying European practices, petitioning the Emperor came to be interpreted as being important as petitioning the legislature and administrative bureaus. After the Constitution was enacted, petitioning the Emperor became the subject of a debate between Ito Hirobumi (伊藤博文) and Ito Miyoji (伊東巳代治) within the process of preparing an imperial household system. The argument concerned how petitioning should be understood in terms of the "will of the people": Would it be a means of "procuring the will of the people" or "probing the will of the people?" Furthermore, heated debates arose on how the Emperor and the legislature should be positioned within the framework of the Constitution. For example, what would be the interrelationship between petitioning the two (i.e., expressing the "will of the people") and perceptions concerning the relationship between the monarch and his subjects. The promulgation of the Petitions Act was also interpreted as a measure responding to a changing society and as a law protecting the rights of imperial subjects. Consequently, the Petitions Act, which attempted to systematically lay out the petition process, was a piece of legislation that "probed the will of the people" and, as a matter, was the first law of its kind to do so under the Constitution. Furthermore, the Act represented a new linkage between the Emperor and the nation, through the Lord Keeper of the Privy Seal, who was put in charge of handling petitions filed with the Emperor.

著者

服部 英雄

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.87, no.8, pp.1166-1196,1267-, 1978-08-20 (Released:2017-10-05)

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I.Transportation Routes The special characteristics of medieval transportation routes in and out of Kuma gun (which includes Hitoyoshi no sho) were as follows : First, in spite of the provincial border barriers, they enabled Kuma gun to maintain close contacts with Masaki-in, Hyuga and Ushikuso-in, Satsuma, and also linked directly to Kuninaka, Higo, i.e., the Kumamoto plains. Second, of the communication links to each of the provincial seats in Hyuga, Osumi, and Satsuma, the function of a major artery connecting Kuma gun to Kyoto and Kamakura was assigned to the road to Hyuga over Kyushu's spinal mountain range. This choice was made because it passed through Taragi, the domain of the Hitoyoshi Sagaras' soryo (惣領). The weight placed on the Kuma-Hyuga route reflected the system of subordination of shoshi (庶子) to soryo. However, the internal disturbances that split the imperial lineages set the Hitoyoshi Sagaras and the Taragi Sagaras off against each other. Because this development made the road to Hyuga inaccessible, the Hitoyoshi Sagaras developed an alternate arterial route, called Sashiki Dori, in the direction of Yatsushiro Bay. This move corresponded to the weakening centripetal force directed toward Kyoto and Kamakura, i.e., the gradual breaking down of shoen (庄園) and gokenin (御家人) structures. Having acquired one transportation route in the direction of Yatsushiro Bay, the Hitoyoshi Sagaras cut another road, Azechi Dori, during the warring period for exclusively military purposes. II.Shinden Development (shinden 新田 -newly reclaimed rice fields) First, an attempt was made to reconstruct the Sagaras' hold as the jito (地頭) of Hitoyoshi no sho, on the area around Samuta Horinouchi, relying on the aerial photo, land registration map and on-the-spot investigations. In contrast to the rest of this general region, a rectangular pattern of land division indicated clearly the Sagaras' well planned development. A good illustration was the irrigation system. The Sagaras altered the natural course of water and dammed it to flow into Samuta Horinouchi. At the point of each change of course and at the springs on the plateau, temples (bodaiji 菩提寺) were constructed. Inasmuch as bodaiji had no familial ties to the Sagaras, we can assume that the temples functioned as places for popular worship. Any changes in the nature of the temples corresponded to the changes in the irrigation system. The above observation led to a conclusion that, in order to solidify their power, the Sagaras sought to control and develop old rice fields rather than open shinden. Secondly, the same attempt was made through examining the written documents. Here, it was found that, both the jito and the ryoke (領家) had definite limitations on shares (tokubun 得分) they could take from old rice fields called kishoden (起請田), leaving the peasants with a possibility of certain independence. In the case of shinden, however, only the ryoke's share was restricted, while the jito's share, having no set limitations, tended to absorb the entire surplus. Thus, the Sagaras succeeded in extending a tight control over shinden, which were synonymous to "jito-developed" rice fields. A land investigation of Shogen (1259 -60) indicates that ryoke were denied any share from these rice fields, and illustrates clearly the marked encroachment of jito-ryoshu power. The two examinations above led to seemingly contradictory conclusions regarding the nature of the Sagaras' power basis : kishoden from the on-the-spot investigation, and shinden from the written documents. The explanation is found in the changing designations for the rice fields : kishoden were transformed into "shinden" --that is, rice fields directly administered by the jito. This explains why, at the time of the Shogen investigation, the jito was able to deny the ryoke any share from the land. The figures in the Shogen land(View PDF for the rest of the abstract.)

著者

服部 英雄

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.86, no.9, pp.1283-1324,1419-, 1977-09-20 (Released:2017-10-05)

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Why did Sagara move from his home base at Hitoyoshi, in Kuma district (gun 郡), to the newly subjugated area of Yatsushiro district? The usual explanation is that Yatsushiro district was controlled by a particularly strong private military group of local bushi landlords (kokujin 国人), the Yatsushiro-shu. The standing theory is that all of the three districts of the Sagara territory, Kuma, Yatsushiro, and Ashikita, had similar bushi military federations. The authority structure of these federations had three characteristics ; 1)the group of Elders (Otona 老者) of each of the three districts were independent ; 2)the Elders were the leaders of their own federations ; and 3)the Council of the federations, i.e., each group in consultation, regulated the Sagara. However, an investigation of historical documents shows that all of the above assumptions of the accepted theory are incorrect. That is, 1)group of Elders existed only in Sagara's home district at Hitoyoshi, and in his secondary headquarters at Yatsushiro ; 2)the Elders also served as officials of the Sagara, i.e., they held appointments in the daimyo's government ; and 3)the councils of these federations could not regulate the Sagara. In fact, the Yatsushiro federation (Yatsushiro-shu) was not a group of independent bushi, but an organization formed by the Sagara in a deliberate policy of placing the military at strategically-located castle towns (jokamachi 城下町). It is clear that the organization was composed of bushi, directly under Sagara control, who had been separated from their own lands. There had been many bushi landlords (kokujin 国人) with strong control of their own lands within Sagara's domain. Sagara intended to force them to move to castle towns away from their private lands to facilitate military mobilization. The Sagara gave special status to the military federations stationed in the castle towns, the Yatsushiro-shu and the Hitoyoshi-shu. One of their privileges was the right to request legislation (hosshiki oseidashi 法式仰出), one function of direct participation in the political activity of the Sagara power structure. Sagara's move to Yatsushiro, a subjugated district away from his home base, Kuma, necessitated strengthening his policy to separate bushi landlords from their local strong-holds. Sagara's strategy succeeded for a time, but in the end it could not be realized because an internal disorder forced him to evacuate Yatsushiro and return to Hitoyoshi.

出版者

公益財団法人 史学会

雑誌

史学雑誌 (ISSN:00182478)

巻号頁・発行日

vol.115, no.5, pp.Toc1, 2006-05-20 (Released:2017-12-01)