Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
Volume 2005 , Issue 55
Showing 1-49 articles out of 49 articles from the selected issue
  • Masahiro TSUJI
    2005 Volume 2005 Issue 55 Pages 1-49,en3
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    The first emperor who reviewed difficult cases sent from the judicial organs was Mingdi _??__??_ in the Wei (_??_) dynasty. He proceeded to a tall building named Tingsong-guan (_??__??__??_) for hearings, attempting to strengthen the authority of his new dynasty. The emperors of the Jin (_??_) dynasty gave careful attention to prisoners as inspection of cases at this building, which remained an important symbol of imperial prerogative.
    In the Southern Dynasties, the emperors periodically proceeded to the imperial garden named Hualin-yuan (_??__??__??_) for judicial hearings. Their purpose was also to establish and reinforce their prerogative. The venue for the imperial hearings were temporarily moved to other buildings named Zhongtang (_??__??_) and Yuewu-tang (_??__??__??_) from the end of the Song (_??_) dynasty to the Southern Qi (_??__??_) dynasty, with the intent of reinforcing the power of the emperors. Wudi (_??__??_) in the Liang (_??_) dynasty tried to revive the judicial system of the Han dynasty and to institutionalize the inspection of cases at the prisons, delegating that work to the ministers.
    In the first half of the Northern Wei (_??__??_) period, the emperors who were decended from Tuoba (_??__??_) Turks delegated the practical affairs of judicial review to Chinese bureaucrats. After the capital of the empire moved from Pingcheng (_??__??_) to Luoyang (_??__??_), the emperors often made short trips around the palace (_??__??_) in a carriage accepting appeals (_??__??__??_) for reviews by themselves, as they headed to emphasize their prerogative. During the Northern Zhou (_??__??_) and Sui (_??_) periods, the system of imperial review clearly changed. The emperors reviewed cases in the palace court which was the center of the imperial administration.
    The emperors of the Northern Wei dynasty often gave careful attention to prisoners as inspection of cases when severe drought damage had occurred, as they were influenced by traditional Chinese thoughts including Zaiyi (_??__??_) doctrines. After the Northern Zhou period, the connection between the inspections and drought damages faded away. The inspection of cases was institutionalized in the Sui dynasty, and the emperors gave careful attention to prisoners at the palace, at the request of the Court of Judicial Review (_??__??__??_).
    Download PDF (2307K)
  • Natsuko FURUSE
    2005 Volume 2005 Issue 55 Pages 51-79,en5
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Rinji _??__??_ is a member of the Hosho _??__??_ group of documents. Hosho was a letter-form document that was written by servants or lower-ranking officials that was used to convey the proclamations of higher authorities to lower authorities. Rinji was mainly reserved for imperial orders. This paper considers the processes that established Rinji, as well as the reasons behind Rinji's importance in the eleventh century.
    First, it is important to focus on how imperial orders were transmitted during the eighth century. Documents from Shosoin _??__??__??_ show us that orders from emperors, cloistered emperors and empresses were initially transmitted orally by those who first received the order. After oral transmission, officials then transcribed the order, so as to convey it to others. There seem to have been few documents dictated directly by an emperor, cloistered emperor or empress. It should also be noted that the documents made for the transmission of imperial orders were not necessarily in letter-form.
    During the period under the statutory system (Ritsuryo-sei _??__??__??_), transmissions of imperial orders were usually carried out by Naishi-no-tsukasa _??__??__??_. A number of documents from Shosoin were recorded from the dictations of female attendants and nuns during this period. In the ninth century, imperial orders were transmitted by Naishi-sen _??__??__??_. At that time, Naishi _??__??_ made oral transmissions of imperial orders, and in many cases it was after this oral proclamation that male officials issued documents concerning the imperial order.
    In the first year of the Konin-period (810), the office of Kurodo _??__??__??_ was established in the wake of the revolt of Kusuko _??__??__??__??_. The office of Kurodo expanded in size and function from the end of the ninth to the beginning of the tenth century, and as a result, the exclusive functions involving communication between the emperor and officials moved from the Naishi to the Kurodo.
    From the tenth century onwards, many cases can be found where the Kurodo were transmitting imperial orders and mediating messages to the emperor. Although in many cases these transmissions were made orally, there are some examples that show the Kurodo had documented imperial edicts in letters. Letters written by the Kurodo are quoted in some diaries dating from the middle of the Heian period. In the diary ‘Gonki’[_??__??_] for example, Kurodo's letters concerning imperial orders were occasionally referred to as ‘oose-gaki’_??__??_, which suggests that the documents were written in the style of a letter from a higher to a lower authority. Also, the diary ‘Shoyuki’ [_??__??__??_] quotes letters in which the Kurodo wrote imperial orders with detailed instructions on business. On the other hand, later Rinji seldom contained such detailed instructions. Moreover, the letters of the Kurodo found in ‘Gonki’ and ‘Shoyuki’ do not include the same closing phrases as seen in Rinji. On the other hand, the diary ‘Sakeiki’ [_??__??__??_], which was written during the period of Emperor Go-Ichijo _??__??__??_, referred to letters that contained the same closing phrases as Rinji.
    The documents that were specifically known as Rinji originate in the reign of Emperor Go-Ichijo. Earlier Rinji resembled the letters of the Kurodo quoted in the previously mentioned diaries, since both had contents that were twofold - the private rituals of the emperor himself, and the official rituals and ceremonies held within the imperial court. Therefore, it appears that the style of Rinji as a document was established during the reign of Emperor Go-Ichijo.
    Download PDF (1187K)
  • Emiko NAKAAMI
    2005 Volume 2005 Issue 55 Pages 81-119,8
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    In 1860, Japan concluded the amity and commerce treaty with Portugal. The treaty unilaterally gave Portugal various privileges including consular jurisdiction over its subjects within Japan. Although Tokugawa shogunate collapsed in 1868, the treaty itself was inherited by Meiji government. For Meiji Japan, two serious issues were how Japan could recover perfect territorial rights and tariff autonomy. As for the former issue, an important step was that Japan eliminated Portuguese Consular Jurisdiction in 1892, 2 years before the revised commerce and navigation treaty with England.
    This article shows the historical backgrounds and tries to interpret the meaning of the incident between Portugal and Japan in the process of the treaty revision with great western powers. In the late 19th century, the prosperity of Portugal was declining and Japan attached much more importance to the relationship with England, France, and Germany. However, according to the legal statistics at that time, there were a significant number of civil cases between Portugal and Japan. Portugal was often accused of the fragile consular court system by Japanese government. Portugal often used a part-time merchant consul rather than a full-time regular consul in its consulate. Japan was annoyed with the appointment of merchant consuls by western countries and strongly opposed that such a merchant consul worked as a judge in their consular courts. Japan claimed that the consular court should be ruled preferably by a judge who had adequate legal knowledge and skills or at least by a regular consul who would be little influenced by the interests of the local community.
    In spite of repeated objections by Japan, due to the shortage of the administrative costs, the central government of Portugal decided to abolish its Consular General in Japan in 1892. This abolition led Japan to issue Imperial Ordinance No.64, which declared to abrogate the privilege of Portugal consular jurisdiction over its subjects within Japan. At the same time, Japan paid the closest attention not to offend other western countries and exchange frequent correspondences with Japanese diplomatic offices abroad. Fortunately, England was indifferent to the dispute between Japan and Portugal. France, however, came forward to the negotiation table, as Portugal appointed Collin de Plancy, a French envoy, as a deputy consul. Japan, even under the pressure by Portugal, France and other western countries, tried Portugese subjects in Japanese courts soon after Imperial Ordinance No.64. This conflict between Portugal and Japan shows how Japan succeeded in eliminating a foreign consular court by issuing an Imperial ordinance. It marks an important step toward the Revision of the Unequal Treaty in 1894 and explains Japan's effort to modernize the law and legal system so as to avoid the intervention by western countries.
    Download PDF (2018K)
  • Sadao ITO
    2005 Volume 2005 Issue 55 Pages 121-154,10
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    There are some reasons why we should consider the Greek slavery in particular. First, it is endowed with ample evidences which specify also the various types of servile people other than the typical slaves. The study of these evidences is the best way to investigate the slavery in the pre-modern world from a comparative viewpoint. Second, through revealing the diversities of servile statuses in ancient Greece, the historical position of classical antiquity would conversely be made clear. It is just M.I.Finley's contribution to the studies of social and economic history of classical antiquity to have called attention to the above-mentioned facts and to have shown his inventive theories.
    Finley's theories are based on the methodology that converts the historical comparison between the ancient and the modern economy into the regional one between the developed and the underdeveloped areas in the ancient world where the servile labour was throughout preponderant. Finley suggests that the large-scale employments of typical slaves in classical Athens as well as in Italy and Sicily from the late republican to the early imperial periods are rather exceptional results of the social democratization among citizens.
    Though not a few scholars have been opposed to Finley's theories, the author of this review article is even ready to agree with Finley. Having made sure that there were two types of intermediate servile status, the serfdom originated from conquest (woikeus) and the debt-bondage (nenikamenos, katakeimenos), in Fifth-Century BCE Gortyn (IC IV 72), the author insists that in classical Greece outside Athens remained extensively the custom of debt-bondage, indicating the geographical diffusion of the relevant inscriptions (Halicarnassus : Buck 2 ll. 32-41; Crete:IC IV 72, I 56-II 2, VI 46-55, IX 40-43;Heraclea:Buck 79 ll. 154-156) as well as the description of Lysias 12.98.
    Moreover, he discusses the problem of the pre-Solonian hektemoroi and criticizes the speculations of P. J. Rhodes (A Commentary on the Aristot. Ath. Pol. pp. 90-97, 126) and E. M. Harris (CQ 52, pp. 415-430), who suggest the existence of debt-bondage in classical Athens. First, Harris' speculation that the aim of Solonian reform was to emancipate the victims of factional struggles is no more well-grounded than A. An-drewes' theory followed by Rhodes that hektemoroi were originally hereditary serfs. Second, if some evidences appear to tell us the survival of debt-bondage in classical Athens, they do not always prove it to signify the authorization as a system. The author suggests that it would be possible for a debtor to offer himself as a servile labourer under the circumstances that he has no longer any perspective of repayment. Two rather convincing instances of debt-bondage (Menandros, Heros 20-38 ; Terentius, Heautontimorumenos 600-606, 790-796) might be related to non-citizens.
    It is regrettable that ancient historians, primitivists as well as modernists, have hardly attempted to appreciate Finley's theories on the slavery as an effective clue to make sure of the historical position of classical antiquity. In Japan after the Second World War, the ancient slavery became a vital subject for historians, and their researches have yielded rich harvests both methodologically and empirically. The author proposes to refer to such works as Japanese historians of pre-modern Japan and China provide for the comparison. Finley's spectrum of servile statuses would find prominent witnesses in the pre-modern Japan and China.
    Download PDF (1986K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 155-159
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (298K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 159-163
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (301K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 164-172
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (545K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 172-177
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (352K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 177-182
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (337K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 182-187
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (319K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 187-191
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (298K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 192-196
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (300K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 196-197
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (118K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 197-200
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (235K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 200-202
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (182K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 202-204
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (187K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 204-207
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (244K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 208-211
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (244K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 211-212
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (121K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 213-215
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (186K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 215-217
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (185K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 217-218
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (125K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 218-220
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (180K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 220-222
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (182K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 222-225
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (243K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 226-232
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (412K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 232-237
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (337K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 237-242
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (342K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 242-246
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (273K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 247-250
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (243K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 250-252
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (182K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 252-256
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (299K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 256-258
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (181K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 258-259
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (122K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 260-261
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (119K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 261-267
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (395K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 267-272
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (351K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 273-277
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (308K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 277-281
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (292K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 281-286
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (340K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 286-287
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (113K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 288-291
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (228K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 291-293
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (172K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 293-296
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (231K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 296-299
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (226K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 299-301
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (171K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 301-303
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (169K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 303-308
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (302K)
  • [in Japanese]
    2005 Volume 2005 Issue 55 Pages 310-311
    Published: March 30, 2006
    Released: April 13, 2011
    JOURNALS FREE ACCESS
    Download PDF (115K)
feedback
Top