著者

池田 温

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.9, pp.1478-1479, 1982-09-20 (Released:2017-11-29)

著者

山本 勉

出版者

公益財団法人 史学会

雑誌

史学雑誌

巻号頁・発行日

vol.95, no.5, pp.700-703, 1986

著者

藤沢 敦

出版者

公益財団法人 史学会

雑誌

史学雑誌

巻号頁・発行日

vol.124, no.1, pp.101-102, 2015

著者

羽田 正

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.98, no.8, pp.1429-1431, 1989-08-20 (Released:2017-11-29)

著者

浅野 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.94, no.7, pp.1133-1171,1284-, 1985

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The present paper deals with the pomast'e system in Novgorod under Ivan the Terrible. It is the intention of the author to make clear what influence the policies of Ivan the Terrible had upon this system by investigating the changes which took place its structure. The process of those changes is: (1) In the first half of 1550's, the management of the pomest'e had worked well enough, but the wars, especially that one waged against Kazan, continued to mobilize the pomeschichiki. Peasants, on the other hand, were burdened with heavy taxes; and some of them even abandoned their land. (2) From the second half of 1550's to the first half of 1560's, various obligations were imposed on the peasantry as consequence of the outbreak of Livonian War. The War resulted in falling many fields into wasteland, (3) Up until the first half of 1570's, wasteland continued to increase. At the same time the dvory of peasants continued to be absorbed into the demesne and some hamlets. And in addition much of the wasteland was cultivated by the custom of noesdoin. Such actions should he regarded as expedients for avoiding the heavy taxes. In 1570's. such trends became more and more widespread. The new management system called the pomest'e, to which the evasion from the heavy taxes had given birth, was gradually taking root. In the meantime the Livonian War came to an end (1583) and Ivan the Terrible died (1584). In 1591 Boris Godunov brought forth a number of new feudal landpolicies. The measures called for demesne back to the land tax exemptions and the return of peasants which they had previously abandoned, It Is therefore safe to assume that Godunov's policies gave a new direction to the institution of serfdom.

著者

藤波 伸嘉

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.8, pp.1383-1420, 2015-08-20 (Released:2017-12-01)

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Unlike other Islamic polities that were colonized by the Western powers, the Ottoman Empire remained independent until the very end. Therefore, the relationship between Islamic law and the Empire's public law became an important topic in Ottoman jurisprudence, especially after the Young Turk Revolution of 1908, when the principle of national sovereignty (hakimiyet-i milliye) was proclaimed as a basis of the state's new constitution. This article addresses the views of Ottoman jurists regarding national sovereignty by analyzing Babanzade Ismail Hakki's Hukuk-i Esasiye, one of the first textbooks on Ottoman constitutional law. While continuing his predecessors' endeavors to defend Ottoman sovereignty, Ismail Hakki introduced a new approach to understanding the character of the Ottoman Caliphate. To wit, sovereignty derives solely from the nation which is one and indivisible. The state is a juridical person representing the nation's natural sovereignty. Consequently, the monarch, namely, the Sultan-Caliph, was no more than an organ of the state. Ismail Hakki discussed the development of parliamentarism in a way that enabled him to construct an alternative approach to world legal history. While in the West parliaments were the product of feudal privilege, in the East there was no such privilege, due to the fact that Islamic law dictated that all men were equal and also that the Caliphate was, in essence, nothing but a form of universal suffrage, through which the nation's will was expressed in the form of bay'a (oath of allegiance). Therefore, for Ismail Hakki, there was no reason to respect the three "privileges" that had been introduced into the Ottoman state governance since the late eighteenth century-the Capitulations (imtiyazat-i ecnebiye), autonomous provinces (eyalat-i mumtaze), and the religious privileges of non-Muslims (imtiyazat-i mezhebiye)-because they were contrary to the principle of equality among Ottomans and formed exceptions to the rules of a sovereign state system. While he took it for granted that the Ottoman nation was composed of various ethnic and religious groups, Ismail Hakki kept silent on the question of how to legally define the multi-ethnic and multi-religious character of the Ottoman constitution. He condemned the religious/ethnic quota system because, according to him, the Ottoman parliament represented the will of the one and indivisible nation as a whole. Religious/ethnic quotas contradict this fundamental basis of constitutional law. This attitude of Babanzade Ismail Hakki foreshadowed the subsequent legal tradition of the Turks to legitimize their Republic, which they alleged was ethnically homogenous.

著者

田中 美穂

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.7, pp.1370-1393, 2001-07-20 (Released:2017-11-30)

著者

橘 誠

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.1, pp.107-108, 2011-01-20 (Released:2017-12-01)

著者

渡部 良子

出版者

公益財団法人 史学会

雑誌

史学雑誌

巻号頁・発行日

vol.111, no.7, pp.1-31,143-144, 2002

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Dastur al-Katib of Muhammad b. Hindushah Nakhchiwani, a collection of style sheets for official documents of the Jalayirids (the successor dynasty to the Ilkhanids, the Mongol dynasty in Iran during the 13th and 14th centuries), has been regarded as one of most famous Persian insha' literatures (works of prosaic art for letter writing). However, an important question has been ignored why such a voluminous insha' collection was compiled by the official order during the latter half of the Mongol period, when traditional Persian insha' was in decline. In this article, the author discussed peculiar ways of compiling Dastur different from other traditional Persian insha' collections and the influence of Mongol chancellery practices under the Ilkhanids on Persian insha' tradition. The compilation of Dastur was begun in the last years of the Ilkhanids by an official order of the last Ilkan, Abu Sa`id but before its completion the Ilkhanids collapsed, and after 25 years it was resumed and dedicated to the second ruler and real founder of the Jalayirids, Shaykh Uways. Dastur, which consists of 800 style sheets is chaptered in a rare manner compared to other insha' collections; that is, the traditional way of chaptering insha' collections is by categories of documents and letters, but in Dastur the style sheets are categorized by differences in ranks and titles to whom they should be addressed. Though the great volume and pecuriarity of Dastur made it necessary to compilean excerpt entitled al-Irshad fi al-Insha', in which only usual documents, excluding edicts regarding Mongol officials, are chaptered in the traditional way, Dastur was designed to be a complete collection of style sheets for the Jalayirids ; and the last chapter of Dastur, which contains directions on how to use the collection, insists that chapters and style sheets must not be modified or deleted, and if new formats for official documents become necessary, they must be composed in the same way as the other style sheets and added to the collection. There is a similar collection of style sheets in the Ilkhanids chancellery system in the collection of formats for official letters compiled after Ghazan Khan's reform. Ghazan Khan, who desired khan's own supervision over the chancellery system to be strengthened, compiled a collection of formats for all kinds of official letters accredited by him entitled Dastur a1-Umur, and ordered the chancellery to compose and issue all official documents according to its style sheets. Therefore, Dastur which was compiled soon after the establishment of Jalayirid rule under Shaykh Uways, can be said to have played the same role as the Ilkhanid Dastur al-Umur ; and as for the chancellery system that the Jalayirids took over from the Ilkhanids system, Dastur is amalgam of the Ilkhanid Mongol chancellery practices and the Persian insha' tradition.

著者

萩原 守

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.12, pp.1939-1976,2073-, 1988

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A great deal of research has been done on the legal system in Mongolia during the Ch'ing period. But most of it is concerned with interpreting the Mongol Code (meng gu li 蒙古例) enacted by the Ch'ing government and tries to understand the judicial system in Mongolia in that way. There is no research which utilizes any actual judicial precedents. So there has been no way to see, except by speculation, (1)which code was actually effective, (2)how judgment was actually achieved, or (3)how leagues (cirulran) and banners (qosiru) actually functioned as judicial organs. In this paper the author collects and analyzes materials on judicial precedents in order to determine the actual process of the judicial system. He uses a collection of official documents (dang an 〓案) written in Mongolian. It was transcribed into the Cyrillic alphabet, titled as The oppression of Mongolian females in the period of the Manju invaders, and published at Ulan-bator in 1958. He also uses some other official documents photoengraved and introduced by K.Sagaster. The second chapter of The oppression of Mongolian females contains three documents exchanged between banners and leagues concerning an attempted murder which occurred in the left-wing-right-end (zuo yi you mo 左翼右末) banner of the Han-uul league in the Halha region. Looking at them, we can see the actual process of judgment. The outline of this incident is as follows. Two brothers stole three horses from a tayiji, but the bannerhead (jasar) ignored the Mongol Code and judged them by himself without reporting to his superiors. A daughter of the younger brother was given illegally to the tayiji in return for the stolen three horses and became a slave of the banner-head afterwards. Six years later she attempted to murder the banner-head and his wife, after she was incited by a man who had a grudge against the banner-head. The banner court of law sat again. Because she disclosed the illegal action of the banner-head in the second court of the league, the incident involved the banner-head himself and was reported to the emperor Qianlong (乾隆) by way of the minister dealing with the affairs in Huree (ku lun ban shi da chen 庫倫辧事大臣) and the board of foreign affairs (li fan yuan 理藩院). Finally the banner-head was deposed because of his illegal procedure and failure to report to his superiors, while the daughter was exiled to Canton, and the principal offender of the theft, her uncle, was sent to Hunan or Fukien. From these incidents, we can point out many legal facts which have not yet been appreciated. The first significant fact is the positive proof that the Mongol Code was applied in Mongolia during the Ch'ing period. And the second is the major principle that the Penal Code (xing lu・xing li 刑律・刑例) of the Ch'ing Code (da qing lu li 大清律例) was to be applied if there were no appropriate regulations in the Mongol Code. We can also bring out some other valuable facts : (1)the requirement that serious criminal cases had to be reported from banners to leagues and then to the board of foreign affairs, (2)the actual conditions at each level in which courts sat and the decisions were made and (3)the process of transporting criminals and witnesses from banners to leagues and then to Huree.

著者

薩摩 真介

出版者

公益財団法人 史学会

雑誌

史学雑誌

巻号頁・発行日

vol.124, no.9, pp.1656-1657, 2015

著者

長井 純市

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.12, pp.1881-1894,1966-, 1986-12-20 (Released:2017-11-29)

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The Extraordinary Postal Regulatory Law, promulgated in October of 1941, stemmed from an urgent Imperial decree that called for the censorship of the mail, with particular attention to foreign mail. Behind the enactment of this Law lay the necessity of protecting many military secrets related to the prolonged war between Japan and China. The main impetus for the Law seems to have come from the Ministry of War, although the Military Police and the Ministries of the Navy, Home Affairs and Communications also seem to have been highly supportive of it. Prior to the passage of this Law, these Ministries and the Military Police had been conducting illegal censorship of the mails for the express purpose of protecting military secrets or collecting foreign intelligence. After the enactment of the Law, Postal Inspectors or Assistant Postal Inspectors were deployed to the major post offices handling foreign mail, such as those at Tokyo, Yokohama, Osaka, Kobe and Shimonoseki. Their activities were centralized and overseen by the Ministry of Communications. Among these inspectors were some who held positions in the Military Police or the Special Thought Control Police. Needless to say, the volume of foreign mail exceeded the capacity of their work ; but about 10% of the foreign mail was effectively put before the censor's eyes. Of those persons who were prosecuted, there included not only those who exposed military secrets, but also those who expressed feelings of war weariness or made political criticisms. The use of the Law was not limited only to the protection of military secrets but also extended to war-time research efforts into the Japanese people's private attitudes and feelings. Such reports were actually drawn up by the Ministries of Communications and Home Affairs on the basis on their postal censorship activities. Considering the political meaning of the Extraordinary Postal Regulatory Law, it is impossible to say that the "freedom of the people" as described in the Meiji Constitution was completely overlooked. That is, those bureaucrats who were engaged in the exercise of the Law were compelled to take extreme caution for fear of the people's criticism, despite the fact that several other leading powers such at Great Britain already had similar postal censorship institutions in operation. With Japan's defeat at the end of the War, the Extraordinary Postal Regulatory Law was immediately abolished ; but under Douglas MacArthur it re-emerged under a different form during the Occupation period.

著者

東条 由紀彦

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.89, no.9, pp.1388-1417,1502-, 1980-09-20 (Released:2017-10-05)

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This essay attempts to analyze the nature of labor in Japan around the turn of the 20th century. This is done with emphasis on the following : 1)the qualitatively indiscriminate handling of labor as an object. 2)The quantitative adjustments made on the basis of the existence of a relative surplus of labor, in the process of social reproduction. In other words, I will examine the handling of labor in that era and the nature of reproduction in terms of the notion of labor force as a commodity controlled by capital. But I will also show the extreme restrictions placed on the "individual" unit in Japan through capital's handling of labor and clarify the nature of these restrictions. I will analyze the concept of the household (ie) in Japan as a manifestation of the Marxist notion of the "individual." Thus doing, I hope to explain the extreme restrictions placed on the ability of the "individual" to resist or curb the inclusion of labor by capital in modern society in Japan. Chapter 1 examines the layered structure of occupational groups (doshoku shudan), and those social reproduction and handling of labor mainly in heavy industry. Section 1 focuses on the phenomena of the labor contractors (oyakata), the apprentice system and the travelling workers (watari shokko). It investigates the network of interpersonal restrictions which united the oyakata bosses and travelling workers in that era. Section 2 begins with the often mentioned fact that craft guild organization was relatively loose in comparison to the craft guilds of Europe. But section 3 makes the point that even in Japan occupational groups which were fairly exclusive in nature did exist, and that traditional character and mode of expression of their informal regulations must be studied. In summary, Section 4 pulls together these three sections and explains that artisans in indigenous crafts also fell into the category of labor organized into occupational groups. Through this analysis, the extremely restricted traditional Japanese characteristics and particular mode of expression of the "individual" in the process of reproduction, and the handling of labor as a commodity by capital, are made clear. Chapter 2 examines the hierarchical composition of major occupational groups among unskilled laborers and the poor. The informal regulations of occupational groups clarified in Chapter 1 are shown to have existed among major unskilled workers such as coolies at work on the railroads. I point out the existence of several tens of these occupational groups, as subdivisions of major sections of the labor force, arranged in hierarchical order. Also, in Section 2, I look at those workers unable to maintain such a group structure who sunk into the category of the poorest laborers. Chapter 3 examines the category of supplementary income laborers. This group was built upon the existence of branches of the household (ie) system, inextricably linked to the household system in rural villages, a system which served both as a means of reproduction and of handling labor. On the basis of the above analysis, Chapter 4 begins by explaining the unique character of the "individual," "individual property," and modern society built upon these concepts. In Japan these are seen to historically arise from the extreme restrictions placed on the labor force as controlled by capital (or existing as a premise to its formations), in a larger structure of reproduction and handling of labor based on the rural household unit. Section 1 points out that the household (ie) itself, in Japan a unit on one hand existing as the fusion of its members and on the other hand facing the society as the "individual" possessor of property, functioned in fact as an "individual." Further, Section 2 tries to make clear the particular structure in which this household handled the labor it(View PDF for the rest of the abstract.)

著者

巽 昌子

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.120, no.12, pp.1992-2016, 2011-12-20 (Released:2017-12-01)

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The ancient-medieval Japanese document by the name of shobunjo 処分状 has been considered as identical to the document, yuzurijo 譲状, which was prepared at the time when property was transferred. However, the term shobun originally meant "to deal with a pending matter," then the meaning was expanded to include "the distribution of inheritance," from which shobunjo developed. Its relationship to inheritance can be traced back to the Yoro Ryo 養老令 code that allowed persons to freely "distribute" their wealth to their chosen heirs. On the other hand, while shobunjo functioned to clarify the estate, yuzurijo functioned to specifically guarantee the inheritance due to each heir. Since the transferor had the right to decide how his property would be divided among his heirs, his shobunjo would list all of his wealth and all of the heirs to it and would be handed over to the next head of his household (ie 家), while yuzurijo would be handed over to each heir recording his/her share of the total property. Since the intent of shobunjo included the preservation of the ie, it differed from yuzurijo in both purpose and form. Therefore, the origin and function of the two documents becomes clear: Shobunjo not only listing the details of the whole estate, but also designating the next head of the ie, yuzurijo indicating to each individual heir what share of the estate he/she was entitled.

著者

柏原 宏紀

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.6, pp.1128-1152, 2015-06-20 (Released:2017-06-27)

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明治6(1873)年5月に大蔵省事務総裁、10月に大蔵卿(長官)を兼務した大隈重信参議が、大蔵省を統轄して積極財政を進め、いわゆる「大隈財政」を展開したと多くの研究が指摘してきた。また、この大隈が、大久保利通の強力なリーダーシップの下で、伊藤博文と共に「大久保政権」の一翼を担い、大久保・伊藤率いる内務省・工部省の政策展開を支えたともしばしば描かれてきた。 本稿は、かかる「大隈財政」像について、政治史的側面に焦点をあてて再検討を試みるものであり、特に、政府内での大隈の政治的位置も含め、財政権をめぐる大隈・大蔵省の政治・制度的問題に注目して考察した。 結果として、大隈の政治的行動に由来する不安定な立場や失脚危機と共に、太政官制潤飾(改革)を発端とする大蔵省の制度的不安定が継続して存在し、それらに起因して財政をめぐる競合が展開したことを解明した。すなわち、制度的に分担関係が曖昧となった正院(左院)財務課と大蔵省との財政権をめぐる管轄争いを描き出し、それが正院財務局構想へと発展すると共に、政策や予算にも影を落としたことを指摘した。 かかる競合関係の中で、大蔵省はその予算方針を貫徹しきれず、彼らが削減を目指した工部省予算も、過去最大の7年度予算と同割合か漸減レベルで確保を許した。その理由は、政治問題化を避けるための前年度維持方針や伊藤工部卿の反論などと考えられ、「大隈財政」のためというよりは大隈・大蔵省の不安定さ故と見た方がよく、従来の「大隈財政」像には一定の留保が必要であると評価した。また、最終的に大隈を救う大久保も、大隈の危機に乗じて管轄を取り上げるなど、両者の関係が必ずしも強固なものではなかった点も指摘し、「大久保政権」論も再考を要するとした。 最後に、上記の不安定要素は、8年10月の島津久光らの辞任と翌月の大蔵省事務章程改定を経て解消され、「大隈財政」が展開される前提が整ったとした。

著者

小野寺 拓也

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.11, pp.1927-1936, 2013-11-20 (Released:2017-12-01)

著者

吉澤 誠一郎

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.114, no.3, pp.393-394, 2005-03-20 (Released:2017-12-01)

著者

浅井 良夫 永江 雅和

出版者

公益財団法人 史学会

雑誌

史学雑誌

巻号頁・発行日

vol.116, no.5, pp.777-782, 2007

著者

加島 潤

出版者

公益財団法人 史学会

雑誌

史学雑誌

巻号頁・発行日

vol.113, no.3, pp.378-379, 2004

著者

松原 健太郎

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.113, no.9, pp.1596-1605, 2004-09-20 (Released:2017-12-01)