On Civil Court System and Civil Procedure (Chosho-jimu) of Matsue-han from 1868 to 1871

Abstract

This article explores what were the civil court system and civil procedure of Matsue-han from 1868 to 1871, by analyzing the historical materials named "Matsue-han kouri-bugyosho monjo". This period is a so-called "missing link" for legal study. In 1985 Prof. Ishii Ryousuke said, "we hardly know the substance of the civil procedure law of the time. "Then, in spite of the development of the research in late years, things aren't changing. If we make clear this "missing link", we understand both Edo era and Meiji era, both early modern law (feudal law) and modern law (westernized law), continuously. Eventually I arrived at the conclusion that even in 1871 the early modern law-Osaka regional law-was valid in west Japan, especially from Osaka to Chugoku-District, contrary to legislation by Meiji government, and Kankai system of Meiji era succeeded one of Osaka regional law.