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In comparison to criminal laws in Tang and Ming
Yukiko HAYASHI
1992 Volume 1992 Issue 42 Pages
1-72,en3
Published: March 30, 1993
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To which ascendant, and in which degree was the punishment increased according to the regulations on parricide in Edo-period? Which was more heavily punished, a daughter-in-law who had killed her parent-in-law or a wife who had killed her own parent? The purpose of this paper is to throw light on the position of a daughter-in-law between the family into which she had married and the family in which she had been born, by investigating these problem in Edo-period in comparison to criminal laws in Tang and Ming.
According to the law of the Tokugawa Shogunate, the homicide for parent-in-law was punished a little more lightly than homicide for original parent, and on the other hand, a husband who had killed his wife's parent and a wife who had killed her husband's parent (parent-in-law) were equally punished. This rule is different from the criminal law of Ming, which inflicts the same punishment on a daughter-in-law who had killed her parent-in-law and a wife who had killed her own parent, and also from morality-books for women in Japan, for example Onna-Daigaku, which persuade wives to be filial to her parents-in-law as well as or more than to her own parents. And the trials in several clans to accept criminal law of Ming on parricide did not succeed.
From where came such difference between Ming China and Tokugawa Japan, which were under same Confucianism? I think because wives in Japan had kept stronger connection to her original kinsfolk than in China, and they were regarded a little as a foreign element in her husband's kinsfolk.
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With Miyoshu-shiki(_??__??__??_)Action (Souron, _??__??_)pending from 3d Year of Ryakuou(_??__??_)to 4th Year Ryakuou
Kazuyoshi ITOH
1992 Volume 1992 Issue 42 Pages
73-91,en4
Published: March 30, 1993
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In this essay, I consider the action, which the plaintiff, Hata Kiyokane brought in Kamino estate headquarters (
Kamino-no-sho honjyo, _??__??__??__??__??_) against the defendant, Ryogon-in temple's priest Hankei (_??__??__??__??__??__??_) relating to claim for
myoden of 7
tan in 3d year of Ryakuou (1340), 11th month, through ascertaining judicial principles appearing in their arguments.
The plaintiff claimed
Kui-kaeshi (_??__??__??__??_) according to
Okibumi (_??__??_) and
Shigai-tekitai (_??__??__??__??_). The former was judicial principle of the right to demand recovery of the once donated land by parents to descendants. The latter was that of the right to exercise Kui-gaeshi over violations against regulations or house rules established by ancestors for the treatment of family wealth.
Then the defendent argued
Tanin-wayo (_??__??__??__??_) according to
Yuzurijo (_??__??_) and
Gechi-ihai (_??__??__??__??_). The former was judicial principle of negation of the right to demand recovery of the land presented to the non-relatives without compensation. The latter was that of a punishment for violations against orders issued by a higher authority.
As a result, these judicial principles reflected rivalry between recoverys and non-recoverys for property.
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Tsutomu ARAI
1992 Volume 1992 Issue 42 Pages
93-122,en5
Published: March 30, 1993
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An assault was made on the Czarewitch Nikolai by a policeman at Otsu, Shiga Ken, on May 11th 1891, although he had been assured of complete security before his visit to Japan by the Government of Japan. Hereceived a wound on the head by a saber. It is usually said that the Japanese Government was most anxious that the offender should be put to death in fear of revenge by Russia, but notwithstanding its earnest desires and efforts, the Highest Court sitting at Otsu sentenced him to penal servitude for life on May 27th in the exercise of its high and independent authority.
In my view, the Czar Alexander III did not want to claim any satisfaction whatever with regard to the affair in question. The Emperor Meiji fully appreciated the generosity of him. Any fear of revenge by Russia was gone. It is true that the Emperor wished that the offender who had attacked his exalted guest should be executed against existing laws. The Government made efforts to carry his wish into effect. Moreover the Emperor gave words to the judges that the offender had to be executed without delay. They were driven into a corner. Laws tended to retreat in case of the Emperor and his foreign guests in the Meiji era. Although the judges had the Constitution that the Emperor himself granted two years ago, they had to make up their minds to leave office so that they might give priority to laws.
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
123-151
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1992 Volume 1992 Issue 42 Pages
153
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
154-155
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
156-165
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
165-179
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
180-186
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
186-196
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
196-202
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1992 Volume 1992 Issue 42 Pages
203-206
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
207-210
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
210-213
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
213-217
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
217-221
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
221-223
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
223-226
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
226-228
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
228-229
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
229-231
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
231-233
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
233-235
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
235-237
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
237-239
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
239-241
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
241-242
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
242-244
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1992 Volume 1992 Issue 42 Pages
244-248
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1992 Volume 1992 Issue 42 Pages
248-250
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1992 Volume 1992 Issue 42 Pages
250-252
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1992 Volume 1992 Issue 42 Pages
252-254
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1992 Volume 1992 Issue 42 Pages
254-256
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1992 Volume 1992 Issue 42 Pages
256-258
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
258-259
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1992 Volume 1992 Issue 42 Pages
259-261
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1992 Volume 1992 Issue 42 Pages
261-263
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1992 Volume 1992 Issue 42 Pages
263-264
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1992 Volume 1992 Issue 42 Pages
265-271
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1992 Volume 1992 Issue 42 Pages
271-275
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1992 Volume 1992 Issue 42 Pages
275-280
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1992 Volume 1992 Issue 42 Pages
280-282
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1992 Volume 1992 Issue 42 Pages
282-284
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1992 Volume 1992 Issue 42 Pages
284-286
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1992 Volume 1992 Issue 42 Pages
286-288
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1992 Volume 1992 Issue 42 Pages
288-291
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1992 Volume 1992 Issue 42 Pages
291-294
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1992 Volume 1992 Issue 42 Pages
294-296
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
296-300
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[in Japanese]
1992 Volume 1992 Issue 42 Pages
300-302
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