SHIGAKU ZASSHI
Online ISSN : 2424-2616
Print ISSN : 0018-2478
ISSN-L : 0018-2478
The Judicial System of Early Kamakura Period through 'Saikyo-jyo' and 'Toi-jyo'
Koji Yamamoto
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1985 Volume 94 Issue 4 Pages 427-457,564

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Abstract

Among the decisions (saikyo-jyo) which were issued by Kamakura Bakufu, there were some decisions that used an assumptive word "koto-jichi-naraba". This word implied that in that case the Bakufu reserved the right to decide whether it was the fact or not. Therefore in some cases, as the result of this reservation, after many years there occured a new dispute. Why did these decisions use such an assumptive word? These may possibly have been the writs of summons (toi-jyo), not the decisions. As for the writs of summons in Kamakura period, there were two different types. One was relatively short and neutral. And the other was long and showed some value judgements. For that reason, the latter was sometimes misused as a decision. Both problematic documents (the decisions with an assumptive word and the long writs of summons) were issued before the middle of the 13th century. Accordingly we can consider these documents as the documents which were issued during the transition period of Kamakura legislation. Nevertheless as for the settlement of dispute, these documents were not so useless. According to this fact, we know that at this period Kamakura Bakufu was called for as an authority not as a coercive power.

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© 1985 The Historical Society of Japan
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