法制史研究
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
在地領主の歴史的位置
十一世紀の在地裁判権の生成過程を検討する
辻本 弘明
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ジャーナル フリー

1991 年 1991 巻 41 号 p. 45-79,en3

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抄録

On the Spring Japan Legal History Association in 1963, we had brought up the discussion about the historical affairs relating to the land possession; the mutual relation of the power and the land possession.
The concrete contents of the discussion in the Association of that year, had been maintenance what the land possession was relational affairs as to the sovereign and the obedience in society, as well as, it has been consisted of the basic legal condition of the power. The main meaning of this theory was what the sovereign system have close relation with the land possession at that time. To be concrete our theories, we should be comment as the following: the development of the land system has to be unit the historical affairs, and then, the society at that day, had given the main position on the original system of land.
I should be contribute with this paper for reconcile with and embody the conntents of above studies of our Association. And, as for clarify the basic structure of Japanese Feudalism, I aim, finally, to explicate the process of founding on the local jurisdiction.
In the 1st capter, through the analysing of the writs by Kokushi in TANBA (_??__??__??__??_), the provincial governors in TANBA, I have proved that Zaichi ([_??__??_]), contracted co-operation, has been brought up the authority to be certificate and guarantee of the land possession itself.
In the 2nd capter, through interpreting and analysing of the command by Sangos ([_??__??__??_]) of the Todai-Temple (_??__??__??_) in the 12th century, I proved that the base of the power was not native to the central government, but exist on the contract co-operation by the producing organization based the province.
There was the Zaichi Ritsukken ([_??__??__??__??_]), the civil land registry which had the role that it decide upon the right of the land possession in society.
In the 3rd capter, through investigating of the Ichijyo-Temple Documments Collection ([_??__??__??__??__??_]), the decision by Kofuku-Temple's household administrative office in 1080, (Syoryaku the 4th), I testified to the fact that the local seignior had authorized those qualities whom was inheritable. And then, it has proved that becoming the origin of provincial seigniors jurisdiction, and it has preserved the function of the justice by the local independent organization upon the Imperial Litigation system.

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