Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
New Lights on the Articles concerning the Allotment of Paddyfields prescribed in the Taiho-ryo _??__??__??_ (Tai-ho Code) and the Yoro-ryo _??__??__??_ (Yoro Code)
Toshiya Torao
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JOURNAL FREE ACCESS

1957 Volume 1957 Issue 7 Pages 32-63,en2

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Abstract

As to the paddyfields allotment system prescribed in the Taiho-ryo (hereafter referred to as T-r) and the Yoro-ryo (hereafter referred to as Y-r), it is not too much to say that hardly anything is left to be argued. But, through minute examinations, several problems may be found awaiting solution. This paper aims at offering some solutions, though tentative on account of the poverty of the direct sources, on two prob-lemsamong them. Results are as follows:
(1) So far the meaning of the rule "_??__??__??__??__??__??_" which is a part of kubun-jo _??__??__??_ (an article ruling the area of paddyfields to be allotted per capita, etc.) in Y-r-the existence of the same rule in T-r prior to Y-r having already ascertained-has generally been understood as follows :
One who attains sixth calendar year in han'nen _??__??_ (the allotment year, once in every six years) is qualified for allotment.
But according to my research the original meaning of this rule is like this :
One who attains full six years of age in sekinen _??__??_ (the household register year, once in every six years) prior to every han'nen is qualified for allotment.
(2) Dr. Noboru Niida once restored the following three articles in T-r which correspond to an article in Y-r, "_??__??__??__??__??__??_. (original note : _??__??__??__??__??__??__??__??_)._??__??__??__??__??__??__??__??_, _??__??__??__??__??__??__??__??_."
"_??__??__??__??__??__??_."
"_??__??__??__??__??__??__??__??__??__??__??_."
"_??__??__??__??__??__??__??__??_, _??__??__??__??__??__??__??__??__??__??__??_."
But, in spite of his effort, the third of these restored articles is not very clear in its meaning. In my view this is due to his inappropriate handling of sources. My own restoration is as follows :
"_??__??__??__??__??__??__??__??_, _??__??__??__??__??__??__??__??__??__??__??__??__??_."

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