Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
Deiri-atsukai-nikki
Gentaro Haruhara
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JOURNAL FREE ACCESS

1962 Volume 1962 Issue 12 Pages 194-206,VII

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Abstract

The system of compromise or conciliation, whereby cases in the civil procedure would be settled through mutual agreement between the two, had developed to a great degree in the Tokugawa era. In the civil procedure in this era no case could be taken up if a village officer would not certify that a compromise between the two was not effected notwithstanding his effort on his own responsability. This procedure was called " Hiki-ai " and its papers " Hiki-ai-gaki ". It is, I can say, the pre-conciliation system, whereby a village officer had settled many cases on his own responsibility before a petition was presented to a court.
Even after a petition was presented, a judge was used to advise in person the mutual agreement, or to try to settle the case through designating a village officer as an arbitrator. Such settlement was called " Nai-sai " and such arbitrator Atsukai-nin ".
My paper is written to make clear the principles of " Nai-sai " through the diaries by such " Atsukai-nin " charged with the settlement.

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