SHIGAKU ZASSHI
Online ISSN : 2424-2616
Print ISSN : 0018-2478
ISSN-L : 0018-2478
Volume 110 , Issue 3
Showing 1-25 articles out of 25 articles from the selected issue
  • Type: Cover
    2001 Volume 110 Issue 3 Pages Cover1-
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Cover
    2001 Volume 110 Issue 3 Pages Cover2-
    Published: March 20, 2001
    Released: November 30, 2017
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  • Akio KAWAJIRI
    Type: Article
    2001 Volume 110 Issue 3 Pages 349-386
    Published: March 20, 2001
    Released: November 30, 2017
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    In this paper the author examines the diplomatic form known as gi (議) in ancient Japan a topic about which nothing has been written to date. In the first chapter, he introduces gi as it existed in China, and shows that Japanese Emperor Kanmu (桓武) used gi in a moratorium dispute. In the second chapter, he shoes that Chinese gi were replaced with a council system of the Daijokan (太政官) in Japan, when gi which the Chinese ritsu-ryo (律令) system prescribed were adopted in the Japanese ritsu-ryo system, but there were several gi drawn up in the Nara period. In the third chapter, he examines the characteristics of Japanese gi. He finds that (1) a government official in the Heian period referred to gi of the Tang (唐) period ; (2) in the work of Kanke-Bunso (菅家文草), there are two original gi ; and (3) though the Chinese gi were used in important government matters, Japanese gi were almost used for ritual purposes. The fact shows that the Japanese emperor's power was weaker than the Chinese emperor, due to power of the Daijokan being stronger in comparison. In the fourth chapter, he examines that the participants in Japanese gi included scholars, not aristocrats kugyo (公[ギョウ]) or the Fujiwara 藤原 family. The facts show that gi upheld the Japanese emperor's power. In the last chapter, he finds that Japanese gi was absorbed by the diplomatic kanmon (勘文) at the opening tenth century. He suggests the reason for this was that the Tang style was purged from Japanese politics after Emperor Uda's 宇多 reign.
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  • Eiichi ISHIGAMI
    Type: Article
    2001 Volume 110 Issue 3 Pages 387-389
    Published: March 20, 2001
    Released: November 30, 2017
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  • Osamu KANO
    Type: Article
    2001 Volume 110 Issue 3 Pages 390-410
    Published: March 20, 2001
    Released: November 30, 2017
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    The fictitious suit (Scheinprozess), that is, court procedure through which a private legal action was confirmed, was held only at the royal tribunal during the period from the late seventh to the early eighth century. In examining this procedure, the author tries to shed light on the role of the royal tribunal in the late Merovingian period. The fictitious suit has been seen as an affirmation of property ownership, or as a means of conveyancing, but it was in reality a confirmation of warranty against eviction (Eviktionshaftung). Therefore it was based on a private legal action following Roman law. Roman private law was practiced until about the middle of the eighth century in the north of the Frankish kingdom called Neustria, but in this region disputes were settled predominantly by unwritten Frankish customs. Although the covenant of warranty against eviction was made on the occasion of conveyance, it had no effect as an objective rule. The use of the fictitious suit by the royal tribunal shows that kingship in the late Merovingian period was trying to cover deficiencies in objective norms. The fictitious suit of the Frankish period could thus be used only at the royal tribunal, and only when and where private legal action was practiced according to Roman law, but disputes were settled by Frankish customs, in Neustria in the late Merovingian period. It is generally acknowledged that the legal life in the Merovingian state is characterized by plurality of law. However, the research has not questioned what role the royal tribunal played in this context. The fictitious suit, which is only one part of the activities of the royal tribunal, shows that Merovingian kingship played an important role as public power, though partially and rudimentarily, whenever and wherever Roman law as the objective norm and Roman administration declined. It also suggests that the royal tribunal was able to cope with juristic situations which varied in different regions.
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  • Chisato KANDA
    Type: Article
    2001 Volume 110 Issue 3 Pages 410-435
    Published: March 20, 2001
    Released: November 30, 2017
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    Regarding the debate over whether tsuchi-ikki (土一揆) was part of the peasants' class struggle, Y. Inagaki criticized the researches regarded it as such a struggle, arguing that it was carried out by warriors, agents of landlords, or wealthy peasants and thus could not be looked upon as a political struggle. Inagaki's argument has been opposed by not a few scholars to date. At present, the balance of evidence seems to support the argument that tsuchi-ikki was part of the peasants' class struggle. Especially strong support has been provided by the researches on tokusei (徳政, annulling loan contracts) by K. Seta, H. Kasamatsu, and S. Katsumata, which has proved that tokusei demanded by tsuchi-ikki were based on the idea of the land possession common to the residents of villages at that time. On the other hand, it has come to be known that both the unity of peasants based on the village and the idea of the land possession common to villagers in the medieval Japan still prevailed in later premodern times. This brings the author to think that tsuchi-ikki cannot be completely explained only by the two elements in the previous debate, because the term disappears from the documentations by the end of the sixteenth century. The author, therfore, rexamines whether the unity of peasants based on the village is the definitive element of tsuchi-ikki, looking at the connection between daimyo, landlords, warriors and tsuchi-ikki, in order to throw some light upon the aspects that still remain unexplained.
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  • Maiko TOMORI
    Type: Article
    2001 Volume 110 Issue 3 Pages 435-462
    Published: March 20, 2001
    Released: November 30, 2017
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    In the present paper, the author attempts to clarify the social situation of civil servants working in Bakufu daikan 代官 (deputy executive) offices in order to link together the research on central Bakufu policy concerning its proprietorships and the work that treats those fiefs from a regional standpoint. To begin with, the author investigates the lowest ranking members of the daikan office staff, the katte-makanai 勝手賄, ashigaru 足軽, and chugen 中間. In many cases, these staff members were hired by the top ranking officials (tetsuke 手付 and tedai 手代) to accompany the latter to their appointed proprietorships. Therefore, these three positions were similar in function and social position to servants (hokonin 奉公人) of samurai families. The author concludes that these three posts were clearly separated in both treatment and social background from the tetsuke and tedai, who actually administered Bakufu fiefs. Next, the author investigates the aspect of succession and inheritance among tetsuke and tedai. There were two kinds of tetsuke : one who had risen from the clerical/law enforcement position of kumi-doshin 組同心, the other who was connected to Bakufu ministers. Because the position of tetsuke could be bought and sold, there were also such persons of tedai and commoner origins who were able to acquire the position of tetsuke. During the latter half of the Tokugawa period, many tedai positions became kinshiporiented, being handed down from father to son, and thus came to be monopolized by certain family lines. The social position of tedai was not very clear, but during the period in question they tended to identify themselves strongly with the samurai class. Both tetsuke and tedai were frequently moved or "lent" (moraiuke 貰い請け) from one daikan office to another, resulting and smooth working relations within offices throughout the realm. It was believed that such lending woud contribute to the improvement of tedai job skills, and specialization was encouraged among those who had inherited the position from a kinsman. It was in this way that tedai developed strong camaraderie among themselves and formed groups. Under the influence of such tedai group formation, tetsuki of both varieties formed bonds with the tedai bureaucrat class and formed what can be called "daikan civil servant groups."Such group formation facilitated the reproduction of tetsuki-tedai relationships and became firmly imbedded within the daikan organization in the form of a very influential group capable of effecting the decisions of the daikan himself.
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  • Jun'ya TAKATSU
    Type: Article
    2001 Volume 110 Issue 3 Pages 463-469
    Published: March 20, 2001
    Released: November 30, 2017
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  • Ryoji MAEMA
    Type: Article
    2001 Volume 110 Issue 3 Pages 469-477
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 478-480
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 480-481
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 481-482
    Published: March 20, 2001
    Released: November 30, 2017
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    Download PDF (282K)
  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 482-483
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 483-484
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 484-486
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 486-488
    Published: March 20, 2001
    Released: November 30, 2017
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    Download PDF (386K)
  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 488-489
    Published: March 20, 2001
    Released: November 30, 2017
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  • [in Japanese]
    Type: Article
    2001 Volume 110 Issue 3 Pages 489-490
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Appendix
    2001 Volume 110 Issue 3 Pages 490-
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Article
    2001 Volume 110 Issue 3 Pages 491-517
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Article
    2001 Volume 110 Issue 3 Pages 518-
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Article
    2001 Volume 110 Issue 3 Pages 519-522
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Appendix
    2001 Volume 110 Issue 3 Pages App1-
    Published: March 20, 2001
    Released: November 30, 2017
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  • Type: Cover
    2001 Volume 110 Issue 3 Pages Cover3-
    Published: March 20, 2001
    Released: November 30, 2017
    JOURNALS FREE ACCESS
    Download PDF (58K)
  • Type: Cover
    2001 Volume 110 Issue 3 Pages Cover4-
    Published: March 20, 2001
    Released: November 30, 2017
    JOURNALS FREE ACCESS
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