In Korea there was a system which was called the " Gun-ken " system as well as in China. It was similar to the Chinese one in its form, but very different in its substance. The " Gun-ken " system of China was a system of the local administrative division, but the Korean one indicated the grade of resident castles of the powerful or the less powerful kindred communities, so that it showed the title of the status. It was a hierarchal organization of the powerful and the less powerful kindred commu-nities as a whole state. This organization consisted of many communities such as " Shu " (_??_), "Fu" (_??_), " Gun " (_??_), " Ken" (_??_), " Kyo " (_??_), " Bukyoku (_??__??_), etc.. In order to prove this issue we must research into the " Gun-ken " system from variaus points. As the first step to our study this article intends to prosecute the research on the formation process of " Fu " system at the time of the early " Koryo " dynasty, and to clarlify that "Fu" was the appellation of the resident castle of the powerful kindred community, to whom variaus kindred communities were subordinated in a hierarchal order.

View full abstract

The traditional theories concerning the regulation of the legal procedure of T'ang dynasty have maintained that there were two systems in the legal procedure. One is the system of criminal procedure by the Yii-Kuan-Ling (_??__??__??_) code, the other is the system of civil procedure by the Kung-Shih-Ling (_??__??__??_) code.
Those theories have originated in the comment on the character of "Su" (_??_; accusation) and "Sung" (_??_; contention) that were used in Japanese Ku-Shiki-Ryo (_??__??__??_) code and Zatu-Ryo (_??__??_) code. It has been accepted. that "_??_" is tae criminal action, "_??_" is tae civil action. But the use in Chinese classics does not always give such a district distinction as these Japanese codes. This shows that there were not two systems in the legal procedure of T'ang dynasty, but only a system founded on Yii-Kuan-Ling code. It is hardly possible to think that in those days there was a concept of distinguishing criminal cases from civil cases. Therefore, I do not think that the legal procedure contained two systems ; civil and criminal actions.
So as to the consideration of the legal procedure by the Yü-kuan-Ling, we can conclude that "the general distinction between the mandarin (or the gently) and the masses, " which is the Chinese scial tradition, is also indicated in the legal procedure.
This tradition: is a powerful custom maintained by Li (_??_; that is to say, "Sitte" moralized). The legal procedure; too, is not an exception.

View full abstract

Taking up in consideration the codes of the Cyrenaic city-state, we are led to find out the traits of the Hellenic political and social structure as compared with the oriental system.
The results of the Italian excavations in Africa are collected and published under the title: " Documenti antichi dell'Africa Italiana ", the second volume of which contains the oracular law of that state, consisting of 19 articles in its preserved form. The twelfth article concerns the maiden (αρκος) in the service of Artemis, whose status was analogous to that of a priest (προφητης) for Apollo: they were not hereditary; they had need to have any preliminary education for priesthood. Some articles providing the tithed, that is, the condemned to forfeiture of one tenth of their property; reveal that priesthood was an effective instrument of the laic state power. Though their oracular power stood firm in virtue of these articles, it does not show itself as constituting a theocratic power. On the contrary, when we analyse the sacred law with reference to the constitutional development of the Cyrenaic state, we must come to the con-elusion that political submission of the priestly power to the non-religious power had been completed in Cyrenaica. This was the result of the open and latent struggles engaged between laic power on one hand and spiritual one on the other, the result to be seen overall in the other parts of the Hellenic world too, while in the oriental society remained to prevail the theocratic form of government.
The gist of the present article consists in the efforts made to clarify the Hellenic character of the Cyrenaic political and social structure, as opposed to the oriental world, through its historical vicissitudes.

View full abstract

This essay was written to make way of my opinion reported in the 8th general meeting of Legal History Association, and for the purpose of comparing the legal status of wives with concubines before about the 10th year of Meiji.
First, on the background of the purpose and the social function of the system of census registration in those days, I described how the legal status of wife and concubine was settled. It was generally considered that the census registers (in the 4th year) reflected.one's actual residence and the family relation, because the Meiji government had intention to make use of them for«census». Really, we can say, where one lives meant which census register one belongs to, that is, to move meant to enter from one census register in the other. So a registration of marriage or adoption meant only that one really joins the other household. In legal sense, therefore, marriage, adoption, divorce, …etc. were merely «social action without legal procedure», a registration did not change the legal value of marriage which had been given the social sanction as marriage by neighbors.
Thus the status of wife and concubine (whose registration was officially established towards the 8th year) was fixed. Wife and concubine had common legal duty or responsibility of fidelity under the husband's authority.
But the wife's status in the other aspects of family life was gradually composed by several proclamations, and so its registration was often required to get the official sanction about her status, in spite of the fact that concubine was still only under the responability of fidelity. Specially the famous Proclamation n°. 209 of Dajokan (_??__??__??_-Chief Administrative Authority) in the 8th year declared that the marriage of unregistered wives and concubines was regarded as null, and in effect those wives lost their rights as wives before judges. The purpose and social function of the system of census registration, however, had been kept, so by this proclamation the legal character of registration of marriage was not changed but influenced and pushed to become a formal evidence of marriage to judge if a woman has the rights as wives (-specially, of divorce) or not. I think we can say that the purpose of this proclamation was in regarding the unregistered marriage as ineffective, but merely legitimate. Since this time, only the legal resposability of fidelity has been important with concubine whose legal status was not connected with her registration.
It was since the 10th year that the registration of marriage tended to express family relation abstractly keeping the original character to serve for census. Japanese family system of civil law is only a legal fiction based on the census regiters, where the notion of family (relation) is abstract and the wives' legal status can be formed, but her actual residence is not always found.

View full abstract

DAIZENSIIIKI _??__??__??_, which was in charge of cooking (ZENBU _??__??_) for Imperial Household in the age of Chinese law reception, had an attached supply section of people (SHINABE _??__??_) named ZOKUGO. SHI-NABE consisted mainly of the following five sub-sections, UGAI _??__??_, EBITO _??__??_, ABIKI _??__??_, MISOBE _??__??__??_, MOCHITSUKURIBE _??__??__??_.UGAI was under an obligation to fish Ayu _??_ (a kind of fresh-water trout) with comorants on the river Yoshino in Yamato district, EBITO to catch fresh-water fishes and shells on the lakes scattered in.Naniwae district, ABIKI to get a haul of those salt-water fishes and shells as brearns _??_ and horse-mackerels. All these catches were stored in the warehouse (NIEDONO _??__??_) of DAIZENSHIKI which served as a cook for KUGO _??__??_ (Emperor's dinner). MISOBE was to be engaged solely in manufacturing condiments, as a substitute for general labor, such as soy and bean-paste at a state factory named SHOIN _??__??_ which belonged to DAIZENSHIKI. MOCHITSUKURIBE worked at KAHEIJO _??__??__??_, a manufactory in DAIZENSHIKI as well, in order to make rice-cake and other confectionaries.
ZOKUGO, the successor of NIEBE _??__??_ before the Reformation of the Taika era, was composed of naturalized Koreans and conquered native fishmen. They were socially ranked higher than slaves (NUHI _??__??_) but. lower than commoners. It was because these denizens had known a new way of fishing and high technique of cooking introduced from China that many of them were appropriated to ZOKUGO. By the end of Nara era, . however, most of the denizens had been assimilated and the imported techniques had been popularized. And thus, ZOKUGO, emancipated from the social standing of SHINABE, became commoner and the labor which had been supported by ZOKUGO was taken place by compulsory labor (YOEKI _??__??_) levied upon general public.
As the capital was transferred from Nara to Kyoto, MIKURIYA _??__??_, KINYA _??__??_, and KINKA _??__??_, collecting agencies of NIEMOTSU, were also removed in the vicinities of Kyoto. Besides that, there was established a new MIKURIA in Omi district through which aquatic products of Lake BIWA were collected and carried to Kyoto.
In the middle period of Heian era, peerage other than families of Emperor as well as Buddhist temples and Shintoist shrines came to have private MIKURIYA. As a result of it, MIKURIYA was brought to get the similar character as manor (SHOIEN _??__??_), and KUGONIN _??__??__??_ and JINNIN _??__??_, workers in MIKURIYA, got to be rampant sheltering themselves and their respective possessors of Emperor, peerage, temples, or shrines.

View full abstract

In the T'ang (_??_) period the word hsiang (_??_) came to be used for the name of the large sections of cities instead of chieh (_??_) that had been used before the T'ang Dynasty. The reason for it is that the military administration named hsiang was introduced into the cities for the defence of them. In the. Five Dynasties (_??__??_) and the North Sung (_??__??_) hsiang was used only for the name of the large sections within and without the cities. From about the beginning of the South Sung Dynasty, however, fire prevention equipments were installed in the Ou (_??_), that is corners within the cities and troops were stationed there for the purpose of preventing fire. The Ou-kuan (_??__??_), that is corner officials, who had taken place of the hsiang-kuan (_??__??_), took charge of the maintenance of public peace, and came to be stationed in the suburbs of the cities, too. For this reason :the name Ou gradually replaced the name hsiang, as the name hsiang had taken place of the name chieh. This tendency lasted sevral ages after the South Sung Dynasty.

View full abstract