Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
Volume 1954 , Issue 4
Showing 1-50 articles out of 52 articles from the selected issue
  • Taro Sakamoto
    1954 Volume 1954 Issue 4 Pages 1-18,en1
    Published: July 31, 1954
    Released: November 16, 2009
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    There are two points in this treatise. The first point is to testify the existence of the "Asukakiyomibara-Ritsuryo" in between the Omi-Ryo and the Taiho-Ritsuryo in the history of codification in ancient Japan. The theory hitherto believed in has recognised its existence. But this theory has been denied recently by Mr. Nakada. Against this recent theory, the author maintains its existence by quoting proofs both positive and negative from old documents, such as the " Shokunihongi, " the " Koninkyaku-jo " etc.
    The second point is to find out the original text of the " Asukakiyomibara Ritsuryo ". The author asserts the possibility of reconstructing some articles of this code through the interpretation of the descriptions of the " Nihon-shoki "
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  • Masajiro Takigawa
    1954 Volume 1954 Issue 4 Pages 19-50,en1
    Published: July 31, 1954
    Released: November 16, 2009
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    In the first year of Tempyo-Shoho, with the ascension of the Emperor Koken to the. throne, the Empress Dowager Komyo established the office known as Shibi-chu-dai, composed of officers of the four ranks : Rei, Daisho-Hitsu, Daisho-chu, and Daisho-so. Besides these four high-ranking officers there were such officers as Shisei and Toneri whose duty it was to treat of general affairs.
    Officers above Hitsu took care of the ordinances of the Empress-dowager issued as Imperial Ordinances and those below Chu usually attended to the official duties in regard to the Empress-Dowager's office. The Empress-Dowager Komyo held the reins in her hand as mother of the Emperor, and Shibi-chu-dai from which her ordinances were issued had come to wield the greater authority than Da-jo-kan, being constantly backed up by the political tactics of Shibi-rei Fujiwara Nakamaro.
    Towards the end of the year Shoho, it had become known as the highest governmental office-like Chung-shn-sheng of Tang, after which it was named. In the second year of Tempyo-Hoji, when the Emperor Jyunnin stood at the helm of the state as the Emperor-the rule of the Empress Dowager was discontinued and Nakamaro was transferred and appointed as Taiho-(Udaijin). At the same time Shibi-chu-dai was, re-named as Konkyu-kan, the chief duty of which was to take charge of the general affairs concerning the Empress-dowager's office. In the fifth year of Ho-ji (one year after the death of the Empress Dowager) the once almighty Shibi-chu-dai ceased to exist.
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  • Kenji Maki
    1954 Volume 1954 Issue 4 Pages 51-100,en2
    Published: July 31, 1954
    Released: November 16, 2009
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    In the 16 th century the whole land of Japan was split into so many territories, each one of which was owned and ruled by a feudal lord daimyo, and a feudal lord in those days had an absolute power as strong and mightly as that of the king himself. It is, therefore, nothing strange that the Jesuits, who came over to this island-country all of a sudden and started to work as Christian missionaries, looked upon each one of these feudal lords as kings (reis) of Japan. For the time being, such lords of the land acted like an independent ruler, but later only those influential lords usually called yakata came to be called "king" (rei) and those below were called "principality" (principe).
    They interpreted the fact that Japan was divided into 66 cuni as reminiscent of the fact that there had been so many kingdoms (reinos). Of course this interpretation was far wide of the mark, and yet the result of this interpretation was not without some distinct effects. When the converted lords-such as Sorin Otomo, Harunobu Arima and Sumitada Omura despatched some boy-envoys to the Vatican to pay homage to the then Pope, the-first two lords were recognized as kings as they had the title of yakata. These envoys were very cordially treated with honors equal to their rank. Needless to say, the fact that Japan, a country in the liar East, had sent a delegation to the Vatican to pay homage to Pope, was taken advantage of by the Vatican in order to carry on a most effective campaign against Protestantism that had spread already wide in those days. And quite naturally Cubo, or Shogun Yoshiteru was looked up to as the Emperor (Emperador) of Japan as he was standing above those kings. He was treated as the emperor belonging to the same category as that of the emperor of the Holy Roman Empire. As the natural result of this, occidentals came to call Japan as an empire. But missionaries of the Order of Christ, though they had made some mistakes at first, gradually came to see that Dayri was the real ruler of Japan-especially after Nobunaga and Hideyoshi acquired power, for they payed homage to Dayri as the Sovereign of Japan. The Order of Christ was allowed to share the privilege just as powerful as that of an influential when the commercial ports Nagasaki and Mogi were given to this Order by the aforesaid Sumitada Omura.
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  • Kokichi Miyashita
    1954 Volume 1954 Issue 4 Pages 101-144,en3
    Published: July 31, 1954
    Released: November 16, 2009
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    This paper aims at the interpretation of the meaning of "free" in the principle "the city air makes a man free" from the historical viewpoint.
    The lines of study concerning the meaning of freedom prevailing from Carolingian age to the 12 th and 13 th centuries steadily pursued by K. Weller, Theodor Mayer, K. S. Bader, and H. Mitteis show that the freedom in those days was no less than relative freedom prevalent both among the cities and the villages. The city air should be understood as being conditioned by "Gebietsherrschaft" and the phrase "to make free" means to be obedient to the public rights of town-lords (including kings and territorial lords). Consequently the fundamental meaning of this principle is to confirm lawfully that when the.iinfree people emancipated themselves they were exempted from the personal subjective relationships to their (previous) territorial lords. The foundation of its law should not be looked for in such isolated factors as Gewere, Asyl and Schwurgenossenschaft, but should be looked for in the process of social change. Especially from the standpoint of the history of legislation, the developmental process of immunity can be referred to as a means to account for this kind of phenomenon.
    The relative freedom which the municipal lord conferred on a city when the city was set up had already existed before communal freedom developed.
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  • Hiroshi Hanawa
    1954 Volume 1954 Issue 4 Pages 145-195,en4
    Published: July 31, 1954
    Released: November 16, 2009
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    In this paper "feudal justice" is to be understood as the justice which the seigneur had on his vassals as a seigneur for the first half of the Middle Ages when vassalism was the military and political regime. Both in Germany and England right of justice of this kind was restricted to cases of baronial jurisdiction, but in France (a) it is belived that the application of feudal justice would often be extended not only to cases of baronial jurisdiction, but also to all those cases where a vassal was involved as the defendant or the accused in any kind of law-suits. On the contrary, however, (b) it is also alleged that even in. regard to baronial jurisdiction the seigneur had no right of justice at all, those supporting this theory insisting that the seigneur had right of justice only in his capacity of "le seigneur justicier".
    In this paper you will find these two theoretical view-points brought out distinctly.
    In conclusion-(1) la justice personelle born out of the duty to protect his vassals must be theoretically treated of in contrast with la justice seigneuriale. From this, it is not sufficient for having such a jurisdiction, to be a simple seigneur, but, also to be a seigneur justicier. Moreover, r the connection between personalité and territorialité in justice must be taken into consideration.(2) On the other hand, any seigneur could enforce his right of justice over all his vassals in regard to any kind of proper feudal affairs. These two fundamentally different theories can possibly be traced back to the extremely divisional tendency of public jurisdiction and also to the difficulty in reaching any definite conclusion concerning the French society since the intrinsic nature of the French society had already begun to show the signs of transformation during the 13 th century and thereafter.
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  • Noboru Niida
    1954 Volume 1954 Issue 4 Pages 197-213,en5
    Published: July 31, 1954
    Released: November 16, 2009
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    It has been alleged in some quarters that Fêng Sui system in Gumboryo of Japan has nothing to do with Chün Fang Ling in T'ang, but that it was merely modelled after the Ping pu shih in T'ang. There is no reason, however, why it should not have been modelled after Chün Fang Ling.
    In this paper you will find this point made clear in the light of the inter-relations existing between "Lei" and "Shiki", and also of the comparison between the then Japanese Army Defence System (Gumboryo in Japan) and Chun Fang Ling.
    In China in the days gone by, the frontiers of the country were guarded by the special structures built for the purpose. On these structures were usually placed piles of fuel. When the enemies tried to invade, the fuel was burnt so that all those concerned in the defence of the frontier-lines might learn what was taking place by looking at the big flame. This method of defending the frontier-lines is what is know as "Fêng".
    The very act of letting them know that the enemy was invading by means of the big volumes of smoke rising up from the defence-structures is known as "Sui". Accordingly "Sui" was resorted to by day and "Fêng" by night.
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  • Yaheiji Fuse
    1954 Volume 1954 Issue 4 Pages 214-237
    Published: July 31, 1954
    Released: March 14, 2014
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  • Masao Mitobe
    1954 Volume 1954 Issue 4 Pages 238-247,6
    Published: July 31, 1954
    Released: November 16, 2009
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    1. The Watariryo belonged to the patriarch of the Fujiwara Family and was not allowed to transfer to any other person.
    2. The name of Watariryo occurred as it was handed over from generation to generation by writing down on the record.
    3. The system of the Watariryo continued from the 11 th cetury to the 13 th century at least.
    4. The origin and permanency of the Watariryo had a close connection with the spirit of the ancester worship and the prosperity of the Fujiwara Family.
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 249-252
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 253-256
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 256-260
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 260-263
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 263-265
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 265-268
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 269-272
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 272-275
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 276
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 276a-277
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 277-278
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 278-279
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 279-280
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 281
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 281a-282
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 282-283
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 283-284
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 284-285
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 285
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 285a-286
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 286-287
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 287-288
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 288-289
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 289-290
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 290-291
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 291-292
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 293
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 293a-295
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 295-296
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 297
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 297a-298
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 299
    Published: July 31, 1954
    Released: February 05, 2010
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 300-301
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 302
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 303
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 303a-304
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 304-305
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 305-306
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 306-307
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 307-308
    Published: July 31, 1954
    Released: November 16, 2009
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  • 1954 Volume 1954 Issue 4 Pages 308
    Published: July 31, 1954
    Released: November 16, 2009
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  • [in Japanese]
    1954 Volume 1954 Issue 4 Pages 308a-310
    Published: July 31, 1954
    Released: November 16, 2009
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