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Sanehide Machida
1955 Volume 1955 Issue 5 Pages
1-31,en1
Published: June 05, 1955
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Majority-rule was established as a principle, when the legal effect of the Romanic majority vote came to be regarded as equivalent to the Germanic unanimity. The procedure that a majority vote shall constitute a valid election was introduced, for the first time, in connection with the election of the king, in the Appeal of Sachsenhausen of 1324 A. D. The same principle was given official recognition in the Declaration of Rense and the ordinance Licet iuris, both of 1338. But the election by majority vote was accepted as valid, on the basis of fictional interpretation that such an election could be deemed as unanimous. Before such a practice came to be introduced, the appearance of unanimous election, even when the Electors failed to reach unanimity, was simulated by "electio per unum", in which one of the Electors pronounced the result of the voting on behalf of all the Electors. This procedure had come to be regarded as superfluous, when the idea of corporate person gained general recognition through Lupold's corporation theory. The electio per unum was done away with in the election of Charles IV in 1346. Instead, individual votes were taken and such voting was now held valid as an empowering act. This election procedure was legally set forth in the Golden Bull of 1356. In this Bull, however, a majority meant" the majority of all Electors" and not "the majorty of Electors present in the voting". The number of Electors was seven and, therefore, the participation in the voting by, and the unanimity of, four or more was necessary for a legally effective act. This fact indicates how stubbornly the idea of Germanic unanimous vote persisted in Germany.
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Setsu Akai
1955 Volume 1955 Issue 5 Pages
32-78,en2
Published: June 05, 1955
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The Old Testament, and the Pentateuch in particular, is generally recognized as the sole extant record that casts light on the ancient Hebrew law. And it is also generally known that the Petateuch is a compound of many records, which date back to various different periods in the Hebrew history.
This is an attempt to clarify from various angles the lex talionis, generally known in the formula "an eye for an eye and a tooth for a tooth, " and to criticize the work of Professor D. Daube. The Old Testament, mainly the Pentateuch, was used as the basis of my study. In the Pentateuch, lex talionis is mentioned in Exodus, Deuteronomium and Leviticus. These records will be examined from a philological viewpoint and a casuistic viewpoint and also from the standpoint of the writers who penned these records. The significance of these three records is varied and the description in each of them has a different shade of meaning. In the conclusion of my study, I have tried to clarify the way of thinking that underlies the idea of lex talionis. In this part of my study, the Old Testament as a whole was discussed mainly from the philological point of view.
It is needless to say that excellent researches of D. Daube, D. H. Muller, S. A. Cook and other outstanding scholars have given me a great aid to my study. In Japan, however, there are hardly any researches in this field, which are based on the original Hebrew text of the Old Testament (Biblia Hebraica). I hope, therefore, my study will be of some value to the scholars of legal history.
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Kaisaburo Hino
1955 Volume 1955 Issue 5 Pages
79-133,en3
Published: June 05, 1955
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The T'ang Dynasty's military superiority to the northern barbarians was gradually undermined from around 680 A. D. Northern races, such as T'u Chüeh, Ch'i-tan and T'u Fan, invaded the T'ang territory year after year. For self-defense, the inhabitants in the border regions organized a militia called Ta-chia-tzu-ti (_??__??__??__??_)(young men from the great families). Following this, provincial governors organized another militia for defense. This militia, called Ch'eng-pang-tzu-ti (_??__??__??__??_) (young men beside the wall), absorbed some Ta-chia-tzu-ti in the neighborhood. To cope with the Ch'i-tan rebellion in 696 A. D., the central government expanded the militia in border regions into T'uan-chieh-ping (_??__??__??_) (united soldiers). Ch'eng-pang-tzu-ti was also absorbed into this new organization. These "united soldiers" were enlisted as members of the regular army. They continued their argricultural work but received military training during the leisure season. In an emergency, they fought as part of the regular army and defended their native provinces. When they were in service, they were paid by the government. This system was adopted also in the border districts of Hopei, Shansi, Shensi and Szechwan provinces. As the military conscription system, known as "Fu-ping (_??__??_) system, " gradually, disintegrated, the mercenary soldiers and the "united soldiers " formed the mainstays of the army. Around 740 A. D., about half of the 700, 000 or 800, 000 men in the army were "united soldiers." For a long period since then, in China, militia played its role as the troops auxiliary to hired troops, the latter being the regular army. The origin of the military system as such will be found in the "united soldiers, " which made up the T'ang army together with Fu-ping.
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Kozo Hirayama
1955 Volume 1955 Issue 5 Pages
135-156,en4
Published: June 05, 1955
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Saribumi (_??__??_) is a legal document, which made its appearance around the middle of the Heian Era or the latter half of the 10th Century A. D., when the manor system was about to gain ascendancy in Japan. Law Courts at that time used to order one of the parties disputing over obstruction of the use of land or other properties to submit saribumi, when that party admitted that he obstructed the use of the property in question. The issuer of saribumi used to pledge in that document that he would refrain from such obstruction in the future. In other words, the issuer of saribumi admits he has never had any title on the property. It must be noted that the issuer is not forgoing his right-he cannot give up what he does not possess. Later, however, saribumi acquired a fictitious meaning. When a court considers the judiciary adjudication over a dispute to be practically impossible, the court may attempt a settlement by issuance of a fictitious saribumi, in which the issuer admits that he has no title on the property involved in the dispute. In this fictitious use of saribumi, the transfer of right is effected. The origin of wayo (_??__??_), a compromise procedure frequently used in the warlords' court during the Kamakura Shogunate Era, should be sought in the legal custom which evolved from saribumi.
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Kazuo Inoue
1955 Volume 1955 Issue 5 Pages
157-192,4
Published: June 05, 1955
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UEKI, Emori (1858-1892) was a brilliant political disputant from Tosa in the early years of Meiji.He made his own private Draft for the Constitution which Japan was to establish in no distant future, by consulting and blending the constitutions of Germany, the U. S. A. etc. The present writer wishes to introduce UEKI'S manuscript bearing the title of 'The Constitution of Japan', which he has found among UEKI'S posthumous manuscripts.
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
211-216
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
217-219
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
219-221
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
221-225
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
225-229
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
229-232
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
233-236
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
236-237
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
237-242
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
242-246
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
247
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
247a-248
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
249
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
249a-250
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
250-251
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
251-252
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
252
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
253
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
253a-254
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
254-255
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
255-256
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
256-257
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
257-258
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
258-259
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
259-260
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
260-261
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
261-262
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
262-263
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
263-264
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
264
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
264a-265
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
265-266
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
266-267
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
267-269
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
269
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
270
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
270a-271
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
271-272
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
272-273
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
273-274
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
274-275
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
275
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
276
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
276a-277
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[in Japanese]
1955 Volume 1955 Issue 5 Pages
277-278
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