著者

市原 靖久

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.66, pp.384-389, 2017-03-30 (Released:2023-01-13)

著者

瀧川 政次郎

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1952, no.2, pp.73-80,en4, 1953-03-31 (Released:2009-11-16)

---

The Taiko-Bitsuryo (_??__??__??__??_) of Japan is generally held to be an imitation of the Lü-ling (_??__??_) of T'ang (_??_), but the Ko (_??_) and the Shih (_??_) of T'ang also were consulted in making it. This essay makes it clear that the Gumboryo (_??__??__??_) of Japan was modelled after a certain passage on rocket in the Ping-pu-shih (_??__??__??_) of the Kai-yüan (_??__??_) period of T'ang quoted in the Wu-chin.y-tsung-yao (_??__??__??__??_) which is included in the Ssu-k'u-ch'üan-shun-chen pen (_??__??__??__??__??__??_), studies the difference between the rocket systems of the two countries, and considers the reason why that difference had come into existence.

著者

新井 勉

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1978, no.28, pp.93-119,en8, 1979-03-15 (Released:2009-11-16)

---

The Governor-General of Korea promulgated the penal law of political crimes on April 15th 1919 against the independence movement of Korea that burst out on March 1st. The independence movement was never violent in general but excessively extensive, therefore the Government-General suppressed the movement without mercy by force, on the other hand enacted the law afresh to punish disorderly acts. The Governor-General exercised his legislative power without the interference of the Diet at home, and that law was not one of former police regulations but one of criminal laws to cope with the movement. The characteristics and the functions of the political penal law were as follows. 1 That law had the ambiguous provision, that is breach of public peace and order; it caught hold of most acts of the movement widely. 2 That law had the severe punishment, that is imprisonment with or without labor that might extend to 10 years; it menaced the people effectively. And it aggravated the punishments of former regulations all togather, so that any of them became invalid. 3 That law punished preparatory and conspiratorial acts; it prevented the movement previously. For its provision had the same legal composition as that of the high treason in the Japanese Penal Code of those days. 4 That law punished seditious acts; it magnified its force abnormally. 5 That law took the principle of personal jurisdiction; it prevented the infiltration of the movement from abroad.The political penal law that deviated from the criminal laws system in those days put pressure upon the independence movement of Korea, and then remained in effect to the destruction of the Government-General.

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)

---

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.

著者

一柳 俊夫

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1967, no.17, pp.169-190,v, 1967-10-20 (Released:2009-11-16)

---

Among the recent studies on the ancient Roman history in USSR the studies by Miss E. M. Staerman are prominent. This article summarizes her recent six articles.At the end of the Roman Republic (about B. C. 200-100) there were slave disturbances on a large scale, but slave proprietors and ideological leaders did not consider them as severe matters.On the contrary, there were even human concerns for slaves at the early Imperial period, but the confrontation of slaves against slave proprietors became acute at that period and they were forced to think of slavery system seriously, she persists. Her studies based on many materials, especially on the comparison of the thoughts of Cicero and Seneca, are very persuasive.

著者

牧 健二

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1957, no.7, pp.216-218, 1957

著者

城戸 毅

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2001, no.51, pp.332-335, 2002

著者

高木 侃

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1984, no.34, pp.268-270, 1985

著者

利光 三津夫

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1958, no.8, pp.282-283, 1958

著者

堀 毅

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1983, no.33, pp.97-122,en6, 1984

---

Since the ch'in documents were discovered in Hupei, China, remarkable progress has been made in the field of Chinese history.<BR>This thesis aims to investigate some of the legal policies that were made during the Ch'in and Han Dynasties.<BR>SECTION I covers the rules on the "excuses and extenuations" from punishment for the youth and the aged during Ch'in Dynasty.<BR>We know that during the T'ang Era general rules of "excuses and extenuations" were integrated into their legal system.<BR>Through the examination of Ch'in documents we can trace back some of these general rules to the Ch'in-l&uuml; _??__??_.<BR>Namely, in trials for penal offences, allowances were made for the youth and the aged. But the definitions of the "youth" during the Ch'in Dynasty were different from the definitions of "youth" used during the Han Dynasty to the present.<BR>During Ch'in Dynasty "youth" and "adult" were. distinguished by one's height.<BR>The dividing line between "youth" and "adult" was set at 6 Ch'in feet (23.1cm&times;6=138cm).<BR>So, when a "youth" commits a crime, his punishment is commuted.<BR>In regard to the aged person, his rights were protected by a special provision, namely the provision of "pu hsia" _??__??_.<BR>SECTION II mainly covers the general rules of "excuses and extenuations" during the Han Dynasty. During the Han Dynasty, further provisions were made, such as<BR>1) Provisions for those under age fifteen, for youth under ten, eight and seven, various degrees of commutions were done.<BR>2) With Confucian influence, the policies of mercy for the aged, disabled and women were applied one after another, and the policies were completed in the T'ang-l&uuml; _??__??_.<BR>SECTION III covers the census-taking system.<BR>Through "Hou Han shu" _??__??__??_, we know that during the Han Dynasty the annual census-taking was held in Aug. of each year. Through my research of the Ch'in documents, I have proven that this Han system is traceable to the Ch'in Dynasty.<BR>SECTION IV covers the meaning of a passage in Han-chiu-i _??__??__??_.<BR>It includes the following provision: "nien wu shi liu mien" _??__??__??__??__??_.<BR>In 1941, Prof. Shigeo Kamata theorized that this passage shoud be a provision concerning the land tax and service duties.<BR>On the other hand, in 1957 Prof. Mitsuo Moriya theorized that this passage was a reference to a provision in the "excuses" for punishment. Prof. Kamata's viewpoints are probably closer to the truth.<BR>The ability of tax and service duties was determined by the person's "productive capacity". This "productive capacity" was determined by the person's medical status.<BR>In other words, person's ability was determined on medical grounds. During the Han Dynasty "Huang ti su wan ching" _??__??__??__??__??_ was widely read and accepted as the medical text. It reads as following: "at the age of fifty-six, man's liver, muscle and generative functions decline" (VOL, 1).<BR>The passage is the basis for the "nien wu shi liu mien "provision.

著者

西川 洋一

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2001, no.51, pp.127-129, 2002

著者

陶安 あんど

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2002, no.52, pp.81-116,en7, 2003-03-30 (Released:2009-11-16)

被引用文献数

1 1

---

This thesis constitutes a part of a larger investigation into the history of Law Codification in traditional China. As former research puts tremendous emphasis on proper nouns which are supposed to be chapter headings of Law Codes and takes them as proof for the existence of already lost ancient law codes in case of absence of other direct evidence, in this thesis a reconsideration of those proper nouns will be conducted.The reconsideration first starts with the chapters of the Wei-Lü, which is the first Chinese Law Code for which we have still access to contemporary source material on the compilation process, viz. an excerpt of the preamble. Because of difficulties in interpreting this source there is an old controversy about which of the embedded proper nouns constitute the eighteen chapters of the Code, the number of which is specified in the preamble. This thesis will show that those difficulties stem from the inappropriate import of hypotheses on chaptering from non-contemporary sources (mostly from the Tang) and that these difficulties can be avoided easily by focusing on inherent formal features of the preamble. Next, a reconsideration of the chapters of Han-Lü based on the Wei-Lü preamble will give proof that former knowledge of Han -Lü chapters was misled by later sources, too. The Han-Lü chapters will be reconstructed newly by our insights on the reading of the Wei-Lü preamble, which constitutes the oldest available source on chapters of the Han- Lü as well as on the Wei-Lü, despite of general scholarly negligence of this fact.Finally, an investigation is conducted into the transmission process of Jin-Lü to the Tang, in reply to misleading endeavours of former scholars to extract collateral evidence for particular Wei-Lü chapters from chapters of the Jin-Lü, which is supposed to have been preserved as an original text at least until the Northern Song. It will be shown that the preservation theory is based merely on requotations in encyclopaedias of the Northern Song of quotations of commentaries to the Jin-Lü in encyclopaedias of the Tang. The Jin-Lü Law code itself was scattered and lost during the turbulences at the beginning of the Period of North and South Dynasties. The commentaries, on the other hand, are products of scholarly work on contemporary and recollected ancient legal materials throughout the North and South Period. Partly, they contain private compilations of Law codes of dynasties which, as a well-known fact, never compiled any Law Code.Founded on the results of this inquiry, the author urges for more textual criticism when handling non-contemporary sources which are supposed to contain components of lost ancient Law Codes.

著者

本郷 恵子

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2004, no.54, pp.123-127, 2004

著者

神宝 秀夫

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1985, no.35, pp.49-113,en3, 1986-03-30 (Released:2009-11-16)

---

Es ist die Aufgabe dieser Abhandlung, die Heeresverfassung in den absolutistischen neueren Territorien unter dem Gesichtspunkt von Sta-atsverfassung zu betrachten und, damit die Verfassung der neueren Territorien dadurch aufzuhellen. O. Hintze, der 'einen nun schon klassisch gewordenen welthistorischen Aufriß der Frage' gab, insbesondere, sein Schüler Fr. Hartung und E. R. Huber betonten, aufgrund ihrer Forschun-gen des preußischen Heeres, das außerhalb der Staatsverfassung gebil-dete stehende Heer als das geschichtliche Moment, das den absolutistischen Staat von dem Ständestaat scheidete.Aber die Heeresverfassung dieser Zeit hatte m. E. den dualistischen System von beruflichem stehendem Heer für den öffentlichen Krieg and Ausschußtruppen für die Landesdefension. Daher ist sie die neuere Hee-resverfassung zwischen der vom Mittelalter his die Mitte des 17. Jahr-hunderts und der des stehenden Volksheeres aufgrund allgemeiner Wehr-pflicht im 19. Jahrhundert.[I] Berufliches stehendes Heer: (i) Landesherr überwältigte damit die materielle Zwangsgewalt der Landsässigen, doch seine Erhaltung war sehr schwierig wegen unsicherer finanzieller Grundlage. (ii) In 'territorio clauso' (Kurbayern) waren die höheren Offiziere zum größten Teile mit adeligen Ausländern besetzt, und das Heer war bier von zivilen Zentral-behörden gekommandiert. In 'territorio non clauso' (Kurmainz) war die Erhaltung des Heeres stark abhängig von Personalunion and Reichsver-fassung.[II] Ausschußtruppen: (i) Verfassungsgeschichtlich wichtiger waren Ausschußtruppen mit Friedensübungen, womit Landesherr seine Unter-tanen unmittelbar ergreifen konnte. Diese Truppen als ein System brachte die 'Heeresreform' des späten 16. Jahrhunderts, deren Stützen in "Moti-ven" des Grafen Johanns VII. von Nassau 1594/95 verkörpert wurden. Sie hat geschichtliche Bedeutung darin, daß das Ethos, die Interessen des Landes and schließlich Landesherrn den anderen vorzuziehen, in ganze Heimat der Ausgewählten durchdrang and die zivilen Zentral- und besonders Amtsbehörden die Ausschußtruppen kommandierten. (ii) Beide Territorien zeigen aber die verfassungsgeschichtlichen Unterschieden deu-tlicher. In 'territorio clauso' bestand der landständische Dualismus unter Monarchie aufgrund der sogenannten Hofmarksrechte. In 'territorio non clauso' lag der Kompromißdualismus von Landesherrn and 'fremdem' reichsunmittelbarem Adel klar, aufgrund des inkonsequent Aufstiegs zur Reichsunmittelbarkeit der landsässigen Adel. Als Amtmann stützte hier der letztere das Fürstentum, der dennoch starken Widerstand gegen die Wehrpflicht seiner Untertanen leistete.

著者

植松 正

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1988, no.38, pp.1-42,en3, 1988

---

What was the change for Chinese officials in south China from the downfall of Song _??_ dynasty to the establishment of Yuan dynasty? Although we know the names of loyalists to former Song dynasty, due consideration should be also given to the appointment of the Chinese to the local offices under the conquest dynasty. Some Chinese literati _??__??_ including the successful candidates for the imperial examination _??__??_ in Song period, remained to be the officials under the Mongolian rule. Some wealthy powerful locals _??__??_ began to annex political, financial and social power in their native places. Therefore, many upstarts appeared in South China.<BR>Worrying about the influence of the former dynasty, Yuan government took precautions against the local governers. However in many cases, the government could not obtain satisfactory results. Problems of the appointment had grown hard to solve easily. First was the redundancy of the local officials. In Shi-zu's _??__??_ reign, Ahmad _??__??__??_ wielded power in the government and appointed merchants and unqualified people as officials. Second was the wealthy powerful locals. They often engaged themselves in illegal activities especially concerning the landownership and payment of tax and corv&eacute; taking advantage of being appointed as officials. Third was the succession of the position by their descendants. To solve the problems stated above, Yuan government had to reexamine the appointment system.<BR>In the early and middle Da-de _??__??_, era in Cheng-zong's _??__??_ reign, high-ranking officials in South China such as Zhu Qing _??__??_, Zhang Xuan _??__??_ and Hu Yi-sun _??__??__??_ lost their position and were accused to death. In 1301 (Da-de 7), two Special Pacification Commissioners _??__??__??__??_ were representatively dispatched to each six areas in China proper in order to watch local administration. They arrested a great number of officials amount to 18, 473 for bribery, and cleared many people from the false charge. An act was decided to issue in the same year, though it is now not sure whether the act was actually put in force. Officials in the Provincial Secretariat _??__??_ were ordered to move to another province because they often did evil by means of the territorial relationship. It was just the same time when the following generation reached to the age to get position in the office.<BR>In 1315 (Yan-you _??__??_ 2), the government conducted the first imperial examination, which was naturally welcomed by the Chinese Confucian scholars. It was carried out not only for meeting the earnest desire of Confucian scholars but for solving the problem of supply and demand of the local governers. The central government wanted to evade taking wealthy powerful locals, and assign the tallented governers including the Chinese, Mongolians and central Asians.<BR>Finally the author emphasize the various efforts for the appointment system in Yuan period contributed to establish the bureaucracy in Ming _??_ dynasty.

著者

森 毅

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1974, no.24, pp.163-193,en10, 1974

---

The peasant uprising, which occurred in Kaei Era (1848-53) in the tcrritory of the Nanbu Clan, was one of the largest of its kind.<BR>Losing the uprising, Meisuke Miura, one of the leading ideologues of that peasant uprising, had to run away from the Nanbu Clan to the Sendai Clan, from the forces of the Nanbu Clan warrior class.<BR>In the Sendai Clan, he thought over the peasant uprising and the gloomy life in the future, and entered into the "Shugendo" in the process of the wandering life.<BR>It is to be noted that Meisuke Miura had a close relationship with the Shugendo", because it was the distinctive features not only of Meisuke Miura, but also of the characteristics of the peasant uprising in general.<BR>This article tries to make an analysis of the relationship of Meisuke Miura with the "Shugendo", more specially, to trace the ideology of Meisuke Miura by his diary in the wandering time, and to look upon the psychological aspects of his memorandum in prison.

著者

藤原 有和

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1990, no.40, pp.61-75,en5, 1991-03-30 (Released:2009-11-16)

---

Hideyoshi issued the Edict of Banishment of Missionaries in 1587. The next year Nagasaki, which had been governed by the Jesuits since 1580, was brought under his direct control. Artisans, who believed in Christianity, were expelled from the town at the same time, Tanners and makers of leather goods were forced to establish Kawata-machi along the stream called Shishidoki-gawa.The Tokugawa shogunate made concessions to the Jesuits in order to continue trading with the Portuguese, while the edict was issued by Ieyasu in 1612.At Nagasaki, for instance, in 1614 all of the churches were destroyed by Nagasaki-bugyo (a official appointed by the Tokugawa Shogunate). Main Buddhist temples were permitted to be built there. Buddist temples accepted the people who were forced to apostatize.Kawata-machi people were forced to find Christians who pretended to be Buddhists and they were forced to help the execution.In 1621, however, Kawata-machi people refused this order when Heizo Suetsugu (Nagasaki -daikan), who was an apostate (a Korobi-Kirishitan), commanded them to detain a Christian because they were also Christians. It was gradually difficult to refuse the order.In 1648, moreover, Kawata-machi people were forced to move to Nish-izaka where Christians were executed. So the chief priest of Daion-ji (a temple of Jodo-shu) offered a bribe to Nagasaki-bugyo and was allowed to move there.The Tokugawa shogunate made use of Kawata-machi people as a means of a drastic anti-Christian policy.

著者

石岡 浩

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2000, no.50, pp.137-160,en8, 2001-04-20 (Released:2009-11-16)

---

The purpose of this paper is to clarify the position of Fu-zuo and Chixing in the penal system of the Han Dynasty. Generally, Fu-zuo is considered as a slight punishment, and Chi-xing is considered as prisoners whose punishments are commuted because of their aristocratic rank. But I conclude that Fu-zuo and Chi-xing are the names of punishment which is commuted to the lower by the amnesty.After the change of the labour penal system in Wen-Ti _??__??_in 167 BC, when an amnesty was granted, the prisoners being condemned to death were commutated to the labour penalty, and the prisoners being imposed a labour penalty were cut down their term of imprisonment. Such prisoners were called Fu-zuo or Chi-xing. A lot of them were commanderred to the outlying region of North and used as soldiers and farmers till the maturity of their term. But after maturity, they could enter in the family register with their families at the front prefecture.Besides, when an amnesty was granted, some Chi-xing were transfered to the studio in a capital that was called Zuo-xiao _??__??_. They were cut down their term and at work there.In the Han's penal system, punishments were divided into two groups. One group consisted of death punishment and labour punishment. These two punishments were the main of penal system. And another group consisted of Chi-xing. It was, so to speak, to reserve labour and colony. So in case of need, it was extracted from regular prisoners by an amnesty.

著者

源河 達史

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2003, no.53, pp.292-302, 2003

著者

辻 正博

出版者

Japan Legal History Association

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.2005, no.55, pp.1-49,en3, 2006-03-30 (Released:2011-04-13)

---

本稿は、魏晉南北朝時代の聽訟と録囚について、擔い手と場所を手がかりにその歴史的意義を考察したものである。皇帝による聽訟は、魏の明帝が新たな王朝の權威を確立すべく、洛陽の聽訟觀で行なったものを嚆矢とする。兩晉時代になると聽訟觀では專ら録囚が行なわれたが、依然として皇帝大權を象徴する重要な建物であることに變わりはなかった。南朝では、華林園で皇帝が聽訟を行なうことが劉宋初期から定例化していた。頻繁に聽訟を行なった皇帝には、いずれも帝權の強化を指向した點で共通していた。劉宋末から南齊にかけて、皇帝による聽訟の場は中堂・閲武堂に移ったが、これも君權の確立・強化を目指した結果であった。梁の武帝は漢代的な司法のあり方の復活を企てる傍ら、録囚を制度化し、法官や近臣に委ねようと試みた。一方、北魏では當初、漢人官僚が聽訟の實務一切を委ねられたが、洛陽遷都後は皇帝自らが冤訟を受理・裁決するようになった。南朝と對峙する中で、大權を握る皇帝の姿を誇示する必要が生まれたのであろう。聽訟のあり方は、北周から隋にかけて大きく變貌した。皇帝は宮城で聽政に勤め、聽訟もそこで行なわれたのである。北朝の録囚は、災異説により旱魃對策として行なわれた。この背景には漢化政策の進行がある。北周以後、録囚と旱魃の關連は希薄になり、隋では録囚が定例化された。皇帝による録囚は、大理寺からの報告に應じて聽政の場でなされた。