著者

黒岩 高

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.111, no.9, pp.1499-1521,1588, 2002

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Known as the greatest incident in Chines Muslim history, the Muslim rebellion in the Shaanxi and Gansu provinces (1862-1878) has also attracted attention as being one of the peasantry rebel. lions near the end of the Qing dynasty. However, by analyzing the outbreak and spread of the rumors frequently occurring before and during the rebellion, a different image of the Muslim re bellion can be conceived, There was orderly discipline between Han and Hui in the Wei River area before the rebellion, even though occasional strife, such as feuds, and a strong sense of having a different culture and society among each other existed. Focusing on the change of content of the rumors, the Muslim riots in the Wei River area in 1862 was the outbreak of the Han and Hui differentiating each other and destroying the order that had existed between them. Each society fighting for its survival, it can be said that this rebdlion had the characteristic of an "ethnic conflict". Also taking into account of the impact and spread. ing process of the "Wash away Muslims" rumors on the Han and Hui societies, this rebellion was closely related to the formation of militias. Occurring a midst of the militarization process, the Muslim rebellion of the Wei River area shared aspects similar to the other rebellions occurred all over China in this period.

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.111, no.9, pp.1470-1499,1589, 2002-09-20 (Released:2017-12-01)

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Inu-Oumono 犬追物, the sport of shooting dogs with bow and arrow, was a popular martial art during the Middle Ages in Japan. Its popularity among not only the warrior elite of the shogunate and provincial magistrates (Shugo 守護) but also ordinary samurai during the Muromachi period is attested to by the large number of place names, Inu-no-Baba (the gaming field for the sport), that still exist in Japan. today. Inu-oumono has been mainly studied as a traditional custom among the samurai class but in this paper the author discusses it as a social phenomenon, dealing in particular with the role played by groups of social infe- riors, kawara-no-mono 河原ノ者, who were diseriminated against, in staging inu-oumono events. The task given to kawara-no-mono groups was to supply on the average 200-300 (sometimes as many as a thousand) target dogs for each event, manage the dogs during the game, then dispose of the wounded animals afterwards. They became involved in the sport due to the fact that the samurai promoters could not supply such large amounts of dogs on their own at such short notice. So they turned to kawara-no-mono who worked keeping streets clean and safe, which included capturing stray dogs. During the events, kawara-no-mono were put in charge of surrounding and freezing dogs that jumped out of the roped-off target circle running wild all over the 70 × 70-meter field. Despite that fact that the bamboo sticks that they carried marked them as inferior "dog-catchers" kawara-no-mono were well-paid for 'their services : in one case 350 kan 貫 (equivalent to about 50 million yen today). This was ample recognition of the hard work required to catch and keep enough dogs for muoumono events that could attract as many as ten thousand spectators and make large profits for the samurai who held them.

著者

髙杉 洋平

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.4, pp.34-58, 2017

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国策研究会は一九三四年にその前身たる国策研究同志会が設立されて以来、現在まで続く民間の総合的国策研究機関である。戦前、国策研究会は政界・官界の重要人物を多数会員にし、様々な政策研究に従事した。そのなかには、政府の政策決定に大きな影響を与えたものもある。そのため、国策研究会はときに「民間企画院」とも称された。<br>国策研究会を語るとき、特に問題とされるのは陸軍との関係である。多くの研究者が、国策研究会と陸軍省軍務局との強い関係を指摘し、国策研究会を陸軍のブレイン・トラストと見做している。しかし実際の政策研究の場で、陸軍の意志がどのように国策研究会の研究に反映され、また陸軍に還元されたのか、具体的にはほとんど明らかになっていない。<br>本稿は、国策研究会が関わった諸研究のなかでも「総合国策十ヵ年計画」に着目する。先行研究によれば、同計画は軍務局の直接の依頼によって国策研究会が研究立案し、のちに第二次近衛文麿内閣の「基本国策要綱」の原型となったとされる。すなわち、先行研究は、一民間団体である国策研究会が陸軍ブレイン・トラストとして国家の最高政策立案を事実上担当していたとする。<br>本稿は、国策研究会と「総合国策十ヵ年計画」の関係について新たな解釈を提示する。同計画の策定を実際に担当したのは、国策研究会ではなく個人的人脈によって結ばれた陸軍・革新官僚のグループであった。研究の実態は国策研究会内でも徹底的に秘匿され、研究を欺瞞するためのダミー・グループまで形成された。国策研究会は会自体としては従来言われていたほど陸軍ブレイン・トラストとして党派性を帯びた存在ではなかった。そしてそれゆえに、陸軍からは政治利用するに足る存在となっていた。同時に、その政治利用に際しては細心の配慮が必要とされたのである。

著者

後藤 敦史

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.124, no.9, pp.1583-1606, 2015-09-20 (Released:2017-12-01)

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The research to date on the fleet of the United States North Pacific Exploring and Surveying Expedition (NPSE), which visited Shimoda in May 1855, has concluded that the fleet's aim was to test the effectiveness of the treaty of peace and amity between Japan and the United States, known as the Kanagawa Convention (concluded 31 March 1854), under direct orders issued by the US Secretary of the Navy, despite the fact that the Convention had not yet been concluded when the NPSE departed from Norfolk, Virginia, in June 1853. The purpose of this article is to reveal more concrete detail the diplomatic purposes and reasons behind the NPSE's visit to Japan. It was in August 1852 that the NPSE was scheduled to be dispatched to survey the North Pacific maritime region, as part of US Navy and State Department policy aimed at challenging British hegemony and protecting whale fisheries in the region. While these objectives were similar to those of Commodore Perry's expedition to Japan, the NPSE also intended to negotiate with countries that Perry had not visited. This means that both Perry's expedition and the NPSE were equally important to US diplomacy regarding the North Pacific region. However, the two expeditions did not always cooperate. For example, the NPSE had to suspend its surveying activities when it arrived at Hong Kong in May 1854, because Perry had concentrated his vessels in Japan, leaving no US ships in the South China Sea to protect American merchants during the confusion created by the Taiping Rebellion. Finally, the author shows that when the NPSE did arrive in Shimoda, its aim was to open negotiations with Japan, not on the orders from the Navy, but on the decision of the NPSE Commander John Rodgers himself. Before heading for Japan, the NPSE visited the Ryukyu Kingdom, where Rodgers judged that the treaty between the Ryukyus and the United States, which had been concluded by Perry, was being violated by the government of the Ryukyus, a perception that probably influenced his decision to proceed to Japan. Contrary to the widely held view, the author shows that the Secretary of the Navy did not order the NPSE to visit Japan with the purpose of testing the effectiveness of the Convention of Kanagawa and calls for a reconsideration of the character of US diplomacy regarding the Pacific Ocean region, in general, and Japan, in particular during the mid-19th century.

著者

山田 徹

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.9, pp.1644-1669, 2014-09-20 (Released:2017-07-31)

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Goryosho 御料所, which are thought to have been the feudal estates under the direct jurisdiction of the Muromachi Bakufu shoguns, have been the focus of historians interested in medieval affairs beginning from regime of Ashikaga Yoshimasa on and have been characterized as being placed in the charge of the Bakufu's direct military vassals (hokoshu 奉公衆) and managed by its Bureau of Household Affairs (Mandokoro 政所). Due to this rather unbalanced image, it has become difficult to proactively evaluate various important aspects of Goryosho, such as its fiscal revenues. To begin with, if we focus on Goryosho during the Muromachi period as estates entirely prioritized as feudal holdings totally exempt from taxes and duties, the conventional characterization of them all having been placed in the hands of hokoshu becomes too limited, for such holdings had also been bestowed on kinsfolk of the Muromachi Shogunate Family, the patriarch of which the author of this paper refers to as Muromachi-dono 室町殿. Moreover, not only the Bakufu's hokoshu, but also its military provincial governors (shugo 守護) were the recipients of Goryosho holdings; and when we consider the Bakufu's golden age from the regime of Ashikaga Yoshimitsu, through that of Yoshinori, focusing exclusively on the estates managed by the Mandokoro becomes very problematic. Bringing into view such inconsistencies in the research to date, the author of this article attempts to reexamine what is known factually about Goryosho during the Bakufu's Yoshimatsu-Yoshinori golden age, in order to show that among Goryosho, there existed estates that were huge in terms of both capacity and the revenue they generated. The author also argues that the importance of Goryosho among the provinces should be reevaluated, indicating that the large scale revenues from its estates (shoen 荘園) were also generated in even the remotest regions, making the Ashikaga Shogun Family one of the elite among all shoen proprietors. Finally, turning to the fact that Goryosho estates were also bestowed upon kinsfolk of the Ashikaga Family, and often replaced and redistributed by each Muromachi-dono, the author again points to the importance of the Ashikaga Shogunate Family as a full-fledged shoen proprietor, a characteristic that has not been given sufficient attention in the research to date.

著者

上出 徳太郎

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.122, no.9, pp.1622-1623, 2013-09-20 (Released:2017-12-01)

著者

佐々木 真

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.10, pp.1864-1865, 2009

著者

松本 良太

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.105, no.3, pp.400-409, 1996

著者

成川 岳大

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.120, no.12, pp.1955-1989, 2011

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The primary purpose of this article is to offer a new explanation concerning the circumstances under which the archbishopric of Lund was chosen as the location from which ecclesiastical jurisdiction all over Scandinavia, including the North Atlantic Isles, was exercised from 1103/4 to 1152. Little of the research to date has paid much attention to the peculiar nature of the Church Province of Lund during this period. Rather, the focus has been concentrated either on domestic factors within the Kingdom of Denmark, or on the completely extra-Scandinavian conflict happening between the Reform Papacy and the archbishop of Hamburg-Bremen, who enjoyed missionary jurisdiction over that region. The present article offers another possible explanation from an inter-Scandinavian or Nordic point of view, mainly focusing on personal networks and collaboration among the rulers and churchmen of Scandinavia around 1100. The author begins by identifying two important factors in the church organization of late eleventh century Scandinavia. Most of Scandinavia during that period, especially Norway and Sweden, was not geographically divided into local bishoprics, but instead largely relied on the activity of visiting missionary bishops. On the other hand, by the middle of the eleventh century, the bishops of Lund-Scania already boasted a long tradition of playing a role similar to a missionary bishop, converting non-Christian people and fulfilling the pastoral needs of Christians in places outside of their own bishopric. In order to further the discussion, the author offers the hypothesis that the primarily significance of these bishops should be focused on such peripatetic activities rather than on sedentary duties within their own bishopric. Therefore, one should conclude that the bishops of Lund-Scania had already developed relationships with churches through Scandinavia even before Lund's successful promotion to an archbishopric. The last half of the article explores the question of by whose enterprise these networks of missionary churchmen in Scandinavia were shaped and controlled. Although it was the archbishop of Hamburg-Bremen who held ecclesiastical jurisdiction over Scandinavian bishops in form of parchments, it was the King of the Danes who acted as their real 'patron' on the ground. From the turn of the first millennium through to the first half of the 12th century, Danish kings dominated the Scandinavian World (imperium Nordmannorum), a specific political region mainly in the southern part of the Scandinavian peninsula, comprised of the emerging three kingdoms of Denmark, Norway and Sweden. The Danish kings were able to pursue their own church policy within this region, independent of the archbishop of Hamburg-Bremen. This church policy intricately entwined with their attempts to establish political supremacy over the other rulers of the Scandinavian World during that time. The close collaboration that existed between the "missionary" bishops of Lund/ Scania and the king of the Danes was no exception, and in fact epitomized the kind of symbiosis that existed between ecclesiastical and secular authorities regarding missionary work carried on in eleventh-century Scandinavia. It is in this collaboration where lies the key to the centralized jurisdiction enjoyed by the metropolis of Lund as a Nordic missionary stronghold.

著者

下田 淳

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.101, no.8, pp.1434-1465,1547-, 1992

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Der Deutschkatholizismus war eine von der romisch-katholischen Kirche losgesagte religiose Bewegung in den 40er Jahren des 19. Jahrhunderts und hat ein groBes Aufsehen in der damaligen Gesellschaft Deutschlands erregt. Deshalb hat er nicht nur eine kirchengeschichtliche, sondern auch eine geschichtswissenschaftliche Bedeutung. Diese Studie zielt darauf, diese Bewegung im Kontext der neueren deutschen Geschichte zu erfassen. In Rucksicht auf die bisherigen Arbeiten und die protestantische Stadt Braunschweig als Beispiel anfuhrend, analysiere ich hier den Deutschkatholizismus aus zwei Gesichtspunkten: den "Stadtbewohnern gegenuber" und dem "Staat gegenuber". Der Deutschkatholizismus war beeinfluBt von den Vorstellungen des Protestantismus (besonders den Reformierten), der Aufklarung und des Liberalismus, aber er konnte kein Programm der politischen Reform vorlegen. Obwohl die Bewegung in Braunschweig direkt vom katholischen Kleinburgertum getragen wurde, unterstutzten sie auch breite protestantische Schichten. Das bedeutet, daB die Mentalitat der Bewohnerschaft in der protestantischen Stadt mit der deutschkatholischen Bewegung ubereinstimmte. Die Stutze der Kirchenpolitik im Herzogtum Braunschweig war die protestantische Landeskirche. Die deutschkatholische Bewegung konnte sich, in Verbindung mit der aufklarischen Atmosphare in Braunschweig, auf staatliche Unterstutzung verlassen, soweit sie dieses System nicht in Gefahr brachte. Ubrigens ist ein Grund dafur, daB sich Protestanten nicht direkt zum Deutschkatholizismus bekannten, auf das aufklarische Verhalten der hiesigen protestantischen Kirche zuruckzufuhren. In Braunschweig hat der Deutschkatholizismus schon vor der Revolution seine StoBkraft auf die Stadtbewohner verloren. Das bedeutet, daB die Mitte des 19. Jahrhunderts eine Schwellenzeit zur "Modernisierung der Mentalitat" der stadtischen Bevolkerung (besonders der protestantischen Stadte) ausmacht. Von nun an zwingt sie der Staat unter ein Verwaltungssystem, das sich mit dem Kirchenwesen nicht verbindet.

著者

黒嶋 敏

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.116, no.3, pp.328-361, 2007

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The Kyushu Tandai was a post set up by the Muromachi Bakufu to govern the island of Kyushu. From the end of fourteenth century, the post was held by successive members of the Shibukawa family branch of the Ashikaga clan. The research to date has held that the power of the Tandai quickly declined after the defeat of Shibukawa Yoshitoshi at the hands of the Shoni family in 1425 and eventually became limited to the eastern portion of Hizen Province. This is why the Kyushu Tandai has not been seen as a significant political force in the region during the late medieval period. The present article reexamines the process of the Shibukawa family's decline and fall in order to relocate the place of the Kyushu Tandai within the historical context of late medieval Japan. The above-mentioned decline of the Shibukawa family, which supposedly began with the defeat of 1425, was in fact the result of policies implemented under the Muromachi Shogun Ashikaga Yoshinori, which aimed at a new way of governing Kyushu centered around the Ouchi family, and in the process reduced the authority of the Kyushu Tandai. Nevertheless, the Tandai still retained a high level of military leadership in the region. Then, during the sixteenth century, when civil strife shook northern Kyushu as the result of the weakening of shogunal power in the region, the Shibukawa family split into Ouchi and Otomo family factions. Even then, the Tandai remained influential and was considered an important element within the strategy of any feudal lord (daimyo) in the region. The author concludes that the Shibukawa Kyushu Tandai family did not decline and fall, but rather lost importance as a regional Bakufu administrative organ due to a change in shogunate politics. On the other hand, the Shibukawa family's high level of political influence remained an important, unwavering element within the regional political order throughout the period. The same phenomenon can be observed in the case of the Muromachi Bafuku's Oshu (Northern Honshu) Tandai. Placing the post of Tandai within its rightful place in regional politics alongside the Bakufu and daimyo now reveals a brand new aspect of the political structure characterizing fifteenth and sixteenth century Japan.

著者

竹中 浩

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.111, no.7, pp.107-112, 2002-07-20 (Released:2017-12-01)

著者

志村 佳名子

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.122, no.3, pp.305-338, 2013

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The term chosan 朝参, which in general refers to attendance by retainers of the Japanese imperial court, also defined in ancient times as regular attendance by court bureaucrats to perform their administrative duties (chosei 朝政) in the hall of governance (Chodo 朝堂) during work shifts counted in days (jojitsu 上日), which were carefully documented and constituted a crucial portion of a bureaucrat's work performance assessment. This system of court attendance in ancient Japan had originated in the practice of retainers going to court to render obeisance to the sovereign, and from the seventh century on, the practice was progressively formalized into bureaucratic duties. Its establishment within the basic framework of the chosan system was concurrent with the construction of ceremonial spaces within the Fujiwara Palace, such as the Chodo and the Council Hall (Daigokuden 大極殿). The essence of the chosan system was the appearance of courtiers every morning in the courtyard in front of the royal residence to await the appearance of the emperor. The first-of-the-month chosan rule contained in the Ritsuryo Code of Ceremonies and Protcol (Giseiryo 儀制令) was a continuation of this practice. As the Ritsuryo-based bureaucratic system became more entrenched, chosan was transformed into a jojitsu work system that no longer involved the actual appearance of the sovereign before the gathered courtiers. Early Heian Period forms of court attendance and service, which structurally resembled those of Tang China, are thought to have originated in earnest during the first half of the eighth century. In other words, court service as early as the era of the Heijo Palace already had ceased to be based upon the assumption that the sovereign would personally oveserve the affairs of state. The attendance system that recorded days present was already firmly in place. This format of political activity meant that the sovereign and the highest officials addressed the daily affairs of state at the Inner Palace (Dairi 内裏), and, on the first of each month (or the tenth, or on other special occasions), the sovereign presided symbolically over the administrative work carried out by various officials. From the second half of the eighth century on, changes in the mode of political administration were ushered in by the attendance of high level aristocrats at the Inner Palace and the formation of Geki-sei 外記政. Up to the beginning of the ninth century, the. Chodo functioned as the space where officials of the fifth rank and higher presented themselves on a daily or occasional basis. At the beginning of the ninth century, details concerning jojitsu work shifts of officials of fifth rank and higher no longer were reported to the sovereign, and the administrative work carried out at the Chodo decreased in significance. However, even into the tenth century reports to the sovereign regarding jojitsu of officials involved with the Grand Council of State did continue. Using jojitsu as a kind of barometer of proper court service (shibu 仕奉), sovereigns maintained a structure of obligatory reporting meant to keep the legislative body in check.

著者

山口 英男

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.95, no.1, pp.1-37,144-145, 1986

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In this paper, the author tries to clarify the relationship between the general description in the Ryo 令 codes and the more detailed explanation in the Engi-shiki 延喜式 codes concerning maki, state managed pastures for breeding mainly equestrian horses. Then, in order to deduce the origins of the several forms of maki stipulated in the Engi-shiki codes, he describes the transition of those offices in the central government which administered maki. As a result, the author is able to offer the following hypothesis concerning the actual state of public pasture lands. 1)In the Engi-shiki codes, we find Shokoku-no-maki 諸国牧 (provincial pastures), Mimaki 御牧 (those under direct imperial control) and Kinto-no-maki 近都牧 (pastures in the capital vicinity). It also mentions the horses presented to the central government as tribute, which are Kunigai-no-uma 国飼馬 (horses bred in provinces), Tsunagigai-no-uma 繋飼馬 (horses raised on a tether) and horses from Mimaki. The tributary horses from Shokoku-no-maki were Tsunagigai-no-uma. In Kinto-no-maki the horses were not sired but rather were delivered from the province to the capital and raised. The system of Kunigai-no-uma required that provinces sent horses, which were usually bred there, to the capital on the demand of the central government. So it was similar to the system of horse tribute. 2)From the beginning of the Ryo system, the maki in the provinces near the capital sent the horses which were sired there to the central government in the form of Kunigai-no-uma ; and the maki in the provinces far from the capital presented horses in the form of Tsunagigai-no-uma from Shokoku-no-maki. Some of the former maki also took on a function similar to Kinto-no-maki by breeding horses from the latter maki. 3)Mimaki originated from the maki managed by the Uchi-no-umaya-no-tsukasa 内廐寮 (the government agency of horse breeding under the immediate control of the Emperor, established in 765-808 A.D.), and was the most recent form of the various forms of maki stipulated in the Engi-shiki codes. However, the way to establish Mimaki was to shift some of the maki which had already existed under direct imperial control. This was done under the influence of the political situation around the middle of the 8th century. Therefore, each of the maki did not go through any important changes except for the alteration of the government office which had jurisdiction over it. 4)These forms of maki were arranged and reorganized when management failures began to increase at the beginning of the 9th century. The various articles concerning maki in the Engi-shiki codes show the result of such arrangements and reorganizations.

著者

三谷 芳幸

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.120, no.7, pp.1240-1263, 2011

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The purpose of this article is to clarify the characteristic features of the institution of shikiden, arable land allocated to central government bureaucrats of Japan's ancient state as part of their salaries, through a comparison with similar institutions existing in Tang China and in the Japanese regional government bureaucracy. The author begins with a comparison of Japanese and Tang Ritsuryo (Luling 律令 codes concerning the distribution and utilization of arable land (Denryo/Tianling 田令) and reaches the following three conclusions. First, in contrast to the Tang system in which shikiden was allocated to all government bureaucrats, in Japan allocation was limited to the top decision-makers (giseikan 議政官) of the Ministry of State (Dajokan 大政官) above the post of Dainagon 大納言 (Chief Councilor). Secondly, another difference between the two systems was that the ownership of shikiden for top ministers (hereafter giseikan shikiden) was not automatically decided on the occasion of transfers of office. Finally, there was no system in Japan for paying grain in lieu of receiving land, like in China, since it was thought only natural that the whole portion of arable should be granted. Next, the author turns to the allocation procedures. In the Tang system and the Japanese regional bureaucracy, a certificate of appointment constituted proof of the ownership of shikiden. In contrast, the system pertaining to giseikan shikiden required that the emperor approve ownership through the acceptance of a petition submitted by the Ministry of Civil Affairs (Minbusho 民部省). This procedure indicates the function of giseikan shikiden as a confirmation of the personal relationships existing between the emperor and his top ministers of state, resembling the institution of shiden 賜田, a land grant from the emperor in appreciation for extraordinary service to the state. Furthermore, the fact that the allocation of giseikan shikiden was strictly limited to about five top ministers of state indicates the exclusionary character of the institution in comparison to the open system of Tang China that allocated land to all new government appointees. Finally, with respect to the evolutionary process of giseikan shikiden, at its inception the land allocated consisted of family-owned assets that had been inherited for all intents and purposes ; however, in 729 AD, the total amount of land for a quota of recipients was procured in the fixed place, marking the completion of giseikan shikiden as an integral part of the bureaucrat remuneration system. Nevertheless, even after 729, the land allocated as shikiden continued to exist as family-owned assets and rely institutionally on the traditional family management of those assets. In conclusion, the author argues that the institution of giseikan shikiden marked no exception to such endemic problems of Japan's Ritsuryo system as the coexistence of personal (private) and official (public) relationships and the survival of pre-Ritsuryo traditions in its style of governance.

著者

義江 彰夫

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.104, no.3, pp.295-340,459-46, 1995

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The purpose of this paper is to survey penal legal institutions particular to "dynastic" Japan of the mid-and late-Heian period, to ascertain how the penal system worked, to examine the logic behind the system, and to probe the historical background to it. Chapter 1 discusses the penal law in the preceding ritsu-ryo period. Under the strong influence of the ancient Chinese penal system, the ritsu-ryo codes specified such punishments as corporal punishment, deportation, confiscation, penal servitude, and depfivation of social standing. The code reveals the government's total control and exploitation of criminals. The author argues that the formation of the code stemmed from ritsu-ryo Japan being born under international pressures of the time and forced to develop a bureaucratic and centralized nation following Chinese precedents, while preserving Japan's indigenous tradition. Chapter 2 breaks down dyndstic Japan's penal system into three categories: (1)Kurodo-to-Hosai: Under this law, the emperors judged their vassals' minor offenses, and the Kurodo-no-To, who was in charge of the vassals, executed the judgments. (2)Dajo-kan-Hosai: Under this law, the emperors, with the help of the Dajo-kan (the Cabinet), judged both the offenses committed by court nobles of the 5th or higher rank and all serious offenses. (3)Shicho-Sai: Under this law, the Kebiishicho (Department of Investigation) judged ordinary offenses committed by people of the 6th or lower rank. By examining these three categories, the auther demonstrates that dynastic Japan's penal code was centered around "exclusion" - deportation, deprivation, and detention - and that corporal punishment and confiscation existed only as unofficial of exceptional punishments. Chapter 3 examines the historical background which led to the formation of the dynastic Japan's penal laws based on exclusion. First, the author illustrates the jurisprudential construction which formed the dynastic code out of its ritsu-ryo predecessor. Secondly, he argues that the elaboration of taboos against impurity and crime had a decisive influence over the formation of the exclusion-based punishments of dynastic Japan. The paper concludes with an explanation of how corporal punishment and confiscation, once regarded as unofficial and exceptional by aristocratic legislators, came to be incorporated into the dynastic penal code by the end of the Heian period. This transformation coincided with the emergence of the warrior class and religious powers, which did not hesitate to use such penalties as corporal punishment. When the Kamakura-Bakufu was established, it reorganized penal law strictly based on corporal punishment and confiscation.

著者

真辺 将之

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.113, no.5, pp.766-770, 2004

著者

可児 弘明

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.3, pp.377-382, 1982-03-20 (Released:2017-11-29)

著者

林 邦夫

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.95, no.6, pp.1105-1106, 1986-06-20 (Released:2017-11-29)

著者

古瀬 奈津子

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.93, no.7, pp.1147-1183,1290-, 1984

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<p>One of the more important changes which occurred in the structural plan of various imperial palaces (including the Nara palace) in ancient Japan before the construction of the Nagaoka palace in 784 is the transformation from the straight line alignment of the tenno's residence (dairi 内裏), the great hall of government (dai-goku-den 大極殿) and the government ministries (chodoin 朝堂院) to an arrangement separating the dairi and the chodoin. Previous research dealing with this change has asserted that it was brought about by the insistence on a separation of private and public interest within the government. However, such a hypothesis has yet to be proven. This essay attempts to re-investigate the related source materials and look at the problem more fundamentally. Within the Nara palace (Heijo-kyu 平城宮), 1)the palace floor plan in the same way as the former palaces of the Asuka region was designed so that every morning court status holders could gather before the tenno in the great hall, and then begin their government duties ; 2)according to Nara period law codes, the daigoku-den's gate was kept open while bureaucrats went about their duties in the chodoin ; 3)a comparison of the fifth article in the code for court decorum within the T'ang and Japanese systems shows that the Japanese code does not follow the Chinese precedent of scheduling bureaucrats' morning attendance in the great hall according to status category, indicating that functionally the daigoku-den and the dairi were yet unseparated. Therefore, we can say that from the viewpoint of the tenno, the daigoku-den functioned not only as a ceremonial place, but also as a place where the daily government duties were performed. However, according to a document reporting an imperial edict (senji 宣旨) dated 792 (Enryaku 延暦 11), a significant change in the above related custom occurred. In this document the tenno recognized the number of days which those central government bureau (dajokan 太政官) officials of fifth rank and above were to carry out their duties in the dairi. Therefore, after 792 the auditorium of the dairi became the location of the tenno's daily affairs, while the chodoin became the place where the tenno would appear for state ceremonies only. This functional specialization may be thought of as corresponding to the structural separation of the dairi and chodoin. Such a change was reflected in the plan of the Heian palace built in Kyoto in 794. As the tenno came to supervise the affairs of government in the dairi through councilors of state in the dajokan (sangi 参議) who were permitted certain work days in his presence, the rules of execution for the bureaucracy also went through various changes. First, the ceremony for reporting administrative affairs (kosaku 告朔) to the tenno in the chodoin, a ceremony which was held monthly until the end of the Nara period, became during the Heian period a symbolic ritual which was carried out at the beginning of each of the four seasons; and administrative monthly reporting was done through documents sent from various offices to dajokan. Secondly, during the Nara period on the day of the kosaku ceremony, the four member management staff (shitokan 四等官) of each office would report to the tenno their number of work days. However, from 809 (Daido 大同 4) those monthly reporting to the tenno were limited to the sangi and above. Thirdly, there was the creating of the very important position of geki 外記, the secretary of this privy council. In this way the bureaucracy, which had previously been thought of as officials "directly at hand" due to the fact of the tenno's daily appearance in the great hall, came to be considered in a more conceptual way as the mechanism consisting of administrative offices, dajokan and tenno. In other words, up until the abandonment of the Nara palace, the tenno appeared daily in the daigoku-den to supervise the affairs of</p><p>(View PDF for the rest of the abstract.)</p>