Abstract
It has generally been said that the trials of the Kamakura Shogunate treated "Rihi" (_??__??_) as a matter of great importance. However, on a thorough examination of the Kanto saikyojo (_??__??__??__??__??_) and the Rokuhara saikyojo (_??__??__??__??__??__??_) which were the rolls of the judgments of the Shogunate courts, we find that, in the trials of the Kamakura Shogunate, the cases decided without inquiring into its "Rihi", i. e. without trying substantially and deciding on the merits of the case, exist in quite a number, much more than we expected.
This paper deals with these cases which were not decided according to "Rihi" by extracting seven types of judgments thereof and examining each. They are:
1) judgments to suits concerned with Nengu-shoto-mishin _??__??__??__??__??__??_,
2) judgments according to Nenki-ho (_??__??__??_),
3) judgments based upon Wayo (_??__??_),
4) iudements on Meshibumi-ihai (_??__??__??__??_),
5) judgments on Akko (_??__??_),
6) judgments on Gechi-ihai (_??__??__??__??_),
7) judgments according to Ando-gedai-ho (_??__??__??__??__??_),
As a result, the following conclusions have been attained.
In the first place, the Kamakura Shogunate was willing to decide the cases filed to the Shogunate courts by applying as it pleases the various principles of "Furon-Rihi" such as the seven types mentioned above.
Secondly, of the seven types of the judgments, certain cases belonging to 2), 3), and 4) were tried substantially and decided on the merits of the cases as exceptions. It may seem that the Shogunate had ultimately paid respect to the judgments according to "Rihi", but the truth is that it was not the case but meant quite the opposite. As is fully discussed in the text, the cases were tried substantially in order to perpetuate the fundamental principles of the Shogunate system itself, which were much more critical than each of the principles of "Furon-Rihi". In other words, it was the enforcement of the principles of the "Furon-Rihi" from a higher point of view.
The theory of the "Furon-Rihi" discussed above requires, at least, some adjustment to the traditional concept about the trials of the Kamakura Shogunate stated at the outset.
