SHIGAKU ZASSHI
Online ISSN : 2424-2616
Print ISSN : 0018-2478
ISSN-L : 0018-2478
Volume 117 , Issue 11
Showing 1-19 articles out of 19 articles from the selected issue
  • Type: Cover
    2008 Volume 117 Issue 11 Pages Cover1-
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
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  • Type: Cover
    2008 Volume 117 Issue 11 Pages Cover2-
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (29K)
  • So NAKAYA
    Type: Article
    2008 Volume 117 Issue 11 Pages 1879-1914
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    This paper will examine the judicial system in late medieval Italy, focusing on the practices of parties involved in court cases. In Northern-Central Italian cities in the 13^<th> and 14^<th> centuries, communes became established as the governing institutions of cities. In judicial matters, they compiled statutes and established ordinary courts. In addition, various affairs were recorded and archived in an organized manner. Conventional scholarship has studied these problems from the perspective of understanding the roots of the modern state. However, recent studies have revealed that the judicial policy of communes did not exclude the practices of Fehde and private reconciliation, but rather incorporated them. The government of communes was not a top-down control of society but was exercised through a mutual relationship with the social practices of peoples. I will consider the practices of parties in the judicial system from the court records of Lucca. In Lucca in the first half of the 14^<th> century, under the rule of foreign lords, there were numerous courts used by many peoples in civil trials. In these trials, the parties were able to skillfully acquire money or land through judicial orders and agreement between parties. Arguments in the courts often centered not on the principle of entitlement but on exception based on statutes regarding the qualifications of the parties or procedural errors. An analysis of the defense reveals the following points. First, the statutes based on Roman procedures and a commune's administrative orders were utilized by parties as weapons in their litigation strategy. Secondly, information in the archive of a commune was diffused to people through fama and was used in court defense. However, judges were indifferent to the information in the archive. In this way, the judicial system and the documentary system were strategically used by disputing parties. Even though these systems aided the government of a commune, it is in fact through the practices of people within them that these systems were ultimately able to function.
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  • Takashi OGURA
    Type: Article
    2008 Volume 117 Issue 11 Pages 1915-1949
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    In late premodern Japan, the region consisting of eight provinces surrounding the capital of Kyoto, known as Kamigata 上方, was as strategically important to the Tokugawa Bakufu as the Kanto region around Edo. Therefore, clarifying how Kamigata was governed is an important element in understanding the overall Bakufu governance mechanism. The present article focuses on the interrelationships among bureaucrats and the process by which legal directives were disseminated and implemented, in order to better understand the Bakufu's governance of the Kamigata region. The author findings may be summarized as follows. 1. The Bakufu-appointed governors of Kyoto (shoshidai 所司代) and Osaka (Osakajodai 大坂城代) supervised the region in a parallel system under which the former oversaw the Bakufu functionaries (bugyo 奉行) governing of the four eastern Kamigata provinces covering Kyoto proper, Fushimi and Nara, while the latter oversaw the Bakufu functionaries stationed in the four western Kamigata provinces at Osaka proper and Sakai. 2. The two governors acted as 1) intermediaries both transmitting legal directives issued from senior Bakufu officials (roju 老中) in Edo to their Kamigata functionaries and handling correspondence addressed by the Kamigata functionaries to fellow bureaucrats in Edo, and 2) the final decision-makers regarding any ordinances proposed or enacted by the Kamigata functionaries. 3. The Kamigata functionaries found themselves in a dual structure in terms of subodination: responsible to the senior Bakufu officials in terms of social status, while subservient to the two Kamigata governors in terms of administrative duties. Such a dual structure was a key point in the total Bakufu governance scheme, but in the case of the Kamigata functionaries, their superiors were separate entities, with administrative subordination playing the dominant role in their careers.
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  • Shosuke KOCHI
    Type: Article
    2008 Volume 117 Issue 11 Pages 1950-1952
    Published: November 20, 2008
    Released: December 01, 2017
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  • Takatoshi AKAGI
    Type: Article
    2008 Volume 117 Issue 11 Pages 1953-1980
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    As one device for maintaining its imperial order, the Tang Dynasty set up a communication system based on the official documents. The collection of Tang period official documents dating through the first half of the eighth century, which were unearthed from Central Asia, provides us with precious information about the document administration and the administrative mechanism of Tang Dynasty. The research to date has focused on categorizing the formats of the unearthed documents in correlation to the official formula code (公式令) and analyzing their typology and function. However because the code itself outlines document format consistency and coherence under ideal conditions, this research has left open the issue of how the system functioned (or did not function) in actual administrative agencies. Moreover, the research tends to concentrate on document administration of the central bureaucracy, especially that of drawing edicts and disseminating them downward, while leaving the clarification of how documents were handled on the local level virtually untouched. This article examines the. formats, functions and routes of Central Asian collection in order to reconstruct the overall image of document administration in Turfan region as follows. 1. From the facts that 1) three documents formats specified in the code, 解式,移式,刺式 were substituted with other noncode formats 牒式,帖式,状式 and that 2) an additional format 申式 as a request for reply to符式 was added to the documentation flow in Turfan, the ideal document administration norms set by the Tang central bureaucracy did not trickle down to local administrative agencies, which rather set up their own documentation schemes in accordance with regional needs. 2. Since Turfan was mainly a military stronghold with many army installations, its administration involved a complicated system of both civil and military involvement in local affairs, the Turfan prefectural government (県) plays an important role to supervise the subordinate organizations (Assault-resisting Garrison 折衝府 and Defense Command 鎮守軍 etc.) as regards conscription, management of census registration, control of traffic facilities, and document administration. 3. Historically, document administration at the local level in terms of format and function has the common feature in the Song period of posterity. The Song documentation system succeeded to not the official formula code of Tang, but rather emphasized simplification of the existing documentation system.
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  • Mamiko ITO
    Type: Article
    2008 Volume 117 Issue 11 Pages 1981-1989
    Published: November 20, 2008
    Released: December 01, 2017
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  • Ichiro KAIZU
    Type: Article
    2008 Volume 117 Issue 11 Pages 1990-1995
    Published: November 20, 2008
    Released: December 01, 2017
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  • Satoshi KINOSHITA
    Type: Article
    2008 Volume 117 Issue 11 Pages 1996-2001
    Published: November 20, 2008
    Released: December 01, 2017
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  • Chizuru NAMBA
    Type: Article
    2008 Volume 117 Issue 11 Pages 2001-2009
    Published: November 20, 2008
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2008 Volume 117 Issue 11 Pages 2010-2011
    Published: November 20, 2008
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2008 Volume 117 Issue 11 Pages 2011-2012
    Published: November 20, 2008
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2008 Volume 117 Issue 11 Pages 2046-2043
    Published: November 20, 2008
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2008 Volume 117 Issue 11 Pages 2042-2013
    Published: November 20, 2008
    Released: December 01, 2017
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  • Type: Appendix
    2008 Volume 117 Issue 11 Pages App1-
    Published: November 20, 2008
    Released: December 01, 2017
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  • Type: Appendix
    2008 Volume 117 Issue 11 Pages App2-
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
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  • Type: Appendix
    2008 Volume 117 Issue 11 Pages App3-
    Published: November 20, 2008
    Released: December 01, 2017
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  • Type: Cover
    2008 Volume 117 Issue 11 Pages Cover3-
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (40K)
  • Type: Cover
    2008 Volume 117 Issue 11 Pages Cover4-
    Published: November 20, 2008
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (40K)
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