SHIGAKU ZASSHI
Online ISSN : 2424-2616
Print ISSN : 0018-2478
ISSN-L : 0018-2478
Volume 113 , Issue 1
Showing 1-19 articles out of 19 articles from the selected issue
  • Type: Cover
    2004 Volume 113 Issue 1 Pages Cover1-
    Published: January 20, 2004
    Released: December 01, 2017
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  • Type: Cover
    2004 Volume 113 Issue 1 Pages Cover2-
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (27K)
  • Daisuke MIZUMA
    Type: Article
    2004 Volume 113 Issue 1 Pages 1-39
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    The "Ernian Luling" 二年律令 is a bamboo manuscript excavated from Han 漢 tomb 247 at Zhangjiashan 張家山, Jingzhou city 荊州 市, Hubei province 湖北省 during 1983 and 1984. It consists of statutes and ordinances 律令 which might have been promulgated in the second year of the reign of Empress Dowager LU 呂后 (186 BC) of the early Former Han 前漢 Dynasty. The author examines the "Ernian Luling" in relation to other existing and well-known historical documents concerning Qin 秦 and Han period law, in order to analyze penal policies regarding attempt, preparation and conspiracy in such crimes as homicide, wounding, larceny, counterfeitine (盜鑄銭), rebellion (謀反), kidnapping (劫人), and kidnapping and selling a person (略賣). When comparing the general trends of Qin and Han penal law to that of the later Tang law 唐律,we find three remarkable features, at least in Han law : 1. Under Han law, most types of crimes were to be punished even if they were only in the beginning stage. 2. Tang law applied three different types of punishment for the crimes of homicide and counterfeiting according to their stage of development, while Han law applied two, simply depending on whether the crime was commited or not. 3. Han law often applied the same punishment regrardless of whether the crime was completed or not. These three features show us that Han law dealt with criminal attempt, preparation and conspiracy more strictly than Tang law did. Although there are few historical documents regarding Qin law, it probably had the same features as Han law since the "Ernian Luling" came after Qin law, and they are very similar to each other in general. Penal policy in Qin and Han law intended to stop crimes themselves by warning that criminals should be strictly punished even if they failed in achieving their objective and regardless of whether or not it they were caught in the beginning stage. Qin and Han law more clearly reflected the government's political intent to maintain the social order than the later Tang law.
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  • Akio YOSHIE
    Type: Article
    2004 Volume 113 Issue 1 Pages 40-42
    Published: January 20, 2004
    Released: December 01, 2017
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  • Haruhito KOCHI
    Type: Article
    2004 Volume 113 Issue 1 Pages 43-61
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    The Emishi 蝦夷, who resided in the northeast portion of the Jap-anese archipelago, appear in the Chinese sources both as "Emishi" and as "Mojin" 毛人. The description of the former includes their geographical location, customs and year of arrival in China, while the latter merely mentions them as living in northeastern Japan. All of this information was amassed from interviews with foreign emissaries to the Tang Dynasty. Regarding the Emishi, there are both Chinese and Japanese records of them accompanying an envoy from the land of Wa 倭 (Japan) in the year AD 659 and also an account of the Chinese inquiring about them from a Japanese envoy in AD 702 ; however, the latter account, which appears in Shin-Tojo 新唐書, cannot be verified, so 659 is the only time that Emishi became part of a Japanese envoy to China. The information concerning Emishi customs in the Chinese sources matches the content of the report submitted by the 659 Wa envoy to China ; and all of it is characterized by them being introduced through Japan. In particular, the inclusion of Emishi in the 659 envoy was politically motivated to create the image of Wa/Japan as a great empire, but the Tang Dynasty was not impressed. As a result, the Japanese were unable to realize their diplomatic goals, and a gap appeared in the international relations between the two countries. While the Japanese expressed the term "Emishi" with the characters 蝦夷, there is also the strong opinion that the characters 蝦〓 were originally used. However, the source for such an argument being the historically spurious Shin-Tojo, there is no other source to prove that ; and the manuscript of the Nihon Shoki 日本書紀 expresses the term with different characters. The expression 蝦夷 appeared during the late seventh century, together with the creation of a Wa/Japanese ideology concerning its frontiers, leading to the move to take Emishi to China. However, the existence of the Emishi in Tang-Wa diplomacy following the Japan defeat at the Hakuson 白村 River in Korea, had to be covered up, as the term Mojin came into use at the time of the Taiho era Japanese envoys to China. After that time, no new information about the people of northeastern Japan surfaced in Tang China.
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  • Hironobu TANIGUCHI
    Type: Article
    2004 Volume 113 Issue 1 Pages 62-84
    Published: January 20, 2004
    Released: December 01, 2017
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    In this paper, the author analyzes how the Liberal Party (自由党) and the Constitutional Reform Party (立憲改進党) changed their position on the gun system (郡制) ; from mere reform to abolitionism and how abolitionism was accepted in local politics. The two parties submitted the gun system reform bills to every session of the Imperial Diet. They argued that the chief gun executives (guncho 郡長) should be publicly elected and that in the gun assembly elections, indirect election and the favorable system for landlords should be abolished. However, the goverment rejected them. To pass the bill, the Liberal Party deleted the provision for publicly-elected guncho, and in compensation,demanded that the restrictions on appointing guncho should be loosened. The Progressive Party 進歩党, the former Constitutional Reform Party, also followed the same line, and the reform bill passed the House of Peers in 1899. After the proclamation of the gun revisions, however, the Ministry for Home Affairs would not loosen the restrictions on appointing guncho, and the members of the House of Representatives became interested in readjusting administration and the finances rather than having a share in gun organization. The parties then began to argue for the promotion of autonomy for towns and villages, not gun. In local politics, because the gun revisions had abolished indirect elections, the gun assembly elections were separated from the prefectural assembly elections, and the voting rate of the former dropped lower and lower. From a fiscal point of view, the resources for gun often preceded those of towns and villages. Thus the gun system grew apathetic towards gun autonomy and the abolition of the system was not a question of vital importance for local politics.
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  • Yoshia TOMIZAWA
    Type: Article
    2004 Volume 113 Issue 1 Pages 85-91
    Published: January 20, 2004
    Released: December 01, 2017
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  • Yoshihisa HATTORI
    Type: Article
    2004 Volume 113 Issue 1 Pages 91-99
    Published: January 20, 2004
    Released: December 01, 2017
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  • Katsumi FUKAZAWA
    Type: Article
    2004 Volume 113 Issue 1 Pages 99-108
    Published: January 20, 2004
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2004 Volume 113 Issue 1 Pages 109-111
    Published: January 20, 2004
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2004 Volume 113 Issue 1 Pages 111-112
    Published: January 20, 2004
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2004 Volume 113 Issue 1 Pages 112-113
    Published: January 20, 2004
    Released: December 01, 2017
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    Download PDF (235K)
  • [in Japanese]
    Type: Article
    2004 Volume 113 Issue 1 Pages 113-114
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (235K)
  • Type: Article
    2004 Volume 113 Issue 1 Pages 130-115
    Published: January 20, 2004
    Released: December 01, 2017
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  • Type: Article
    2004 Volume 113 Issue 1 Pages 134-131
    Published: January 20, 2004
    Released: December 01, 2017
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  • Type: Appendix
    2004 Volume 113 Issue 1 Pages App1-
    Published: January 20, 2004
    Released: December 01, 2017
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  • Type: Appendix
    2004 Volume 113 Issue 1 Pages App2-
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (39K)
  • Type: Cover
    2004 Volume 113 Issue 1 Pages Cover3-
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (37K)
  • Type: Cover
    2004 Volume 113 Issue 1 Pages Cover4-
    Published: January 20, 2004
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (37K)
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