SHIGAKU ZASSHI
Online ISSN : 2424-2616
Print ISSN : 0018-2478
ISSN-L : 0018-2478
Volume 120 , Issue 2
Showing 1-21 articles out of 21 articles from the selected issue
  • Type: Cover
    2011 Volume 120 Issue 2 Pages Cover1-
    Published: February 20, 2011
    Released: December 01, 2017
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  • Type: Cover
    2011 Volume 120 Issue 2 Pages Cover2-
    Published: February 20, 2011
    Released: December 01, 2017
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  • Yuji MARUGAME
    Type: Article
    2011 Volume 120 Issue 2 Pages 147-179
    Published: February 20, 2011
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    This article attempts to clarify the actual conditions of election campaign supporters known as divisor and gratiosus in late republican Rome, in order to explain the reason why the former appeared on the public electoral scene at that time. The divisor has been understood in the research to date as a person engaged by a politician to distribute bribes with the aim of buying the votes of each tribus. His employment in electoral campaigns was widely denounced and also viewed as illegal. On the other hand, the gratiosus appears in the sources as a person whose support an electoral candidate needed to win. The recent research on Roman elections, by neglecting to clarify the similarities and differences between these two figures, implies that a gratiosus can be considered as identical to a divisor. The aim of the present article is to investigate whether similarities and differences do exist between the two. By focusing on the actual character of these personages, the author finds that both belonged to the wealthier classes and enjoyed a certain level of influence within their tributes, which are the reasons why their electoral support was sought by politicians. On the other hand, while the "gratiosus" implied indiscriminately throughout the wealthier classes, the "divisor" never implied the senator and indicated only supporter of rival candidates. These facts lead the author to conclude that among the influential figures, gratiosus, those who supported the rival candidates and belonged to the equestrian order and below were on occasion called "divisor". As to the reason why the divisor appeared on the electoral scene in late republican Rome, after the Social War, powerful figures throughout Italy, principes, who had newly obtained Roman citizenship were able to increase their influence within their tribules and thus became valued as important gratiosi. This development consequently led to a relative weakening of the influence exerted by the existing ruling establishment, which was then forced to rely on the support of these gratiosi in order to maintain the status quo. Electoral campaigns to gain the support of gratiosi through bribery spread, and the pejorative term "divisor" was coined by electoral candidates in condemning opponents who dared wage such campaigns.
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  • Daisuke MIZUMA
    Type: Article
    2011 Volume 120 Issue 2 Pages 180-202
    Published: February 20, 2011
    Released: December 01, 2017
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    In Han 漢 wooden strips from Juyan 居延 and Dunhuang 敦煌 there are mentioned officials attached to a houguan 候官 who are referred to as shili 士吏. "Shili" is also mentioned in Qin 秦 bamboo strips from Shuihudi 睡虎地 and Han bamboo strips from Zhangjiashan 張家山, but here most of them appear as county (xian県) officials. In past research it has been assumed that shili similar to those attached to a houguan were also assigned to counties. In a previous article, however, the author has pointed out that county-based shili, unlike the shili attached to a houguan, was not the name of an official post but rather a collective term for a group of officials, and that at the very least, the xiaozhang 校長, or head, of a local police station (ting帝) was included among these officials. This article examines what sort of officials were actually designated as this group of county officials known as shili. After an analysis of examples of the use of shili with reference to counties, the author concludes that they were officials who met at least all of the following six conditions: (1) they were under the command of the county defender (xianwei県尉) ; (2) they had jurisdiction over a district; (3) their responsibilities consisted of military duties and police work; (4) in places at some distance from the county office, they were authorized to hear legal charges and complaints, and accept voluntary surrenders to the authorities; (5) their duties included the dispatch of manpower to meet state needs; and (6) they had to be junior subalterns (shaoli小吏) other than those known as sefu 嗇夫. According to these conditions shili might also have subsumed such officials as jiazou 駕〓, maozhang 〓長 and hou 候. The officials subsumed under county-based shili had in common duties (3)-(5) mentioned above; and (3), in particular, involved patrols and the pursuit and arrest of criminals. It is already known that the duties of county defenders included military affairs and police work, and it is evident that these duties were discharged primarily through shili. The last instance of the word shili used as a collective term is found in the Ernian Luling 二年律令 codes. The author surmises from this disappearance that because of growing domestic stability, the military preparedness of counties was thereafter gradually scaled down, and the majority of official posts included among shili were abolished. Therefore, shili as a collective term was no longer needed and fell into disuse.
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  • Akifumi KANDA
    Type: Article
    2011 Volume 120 Issue 2 Pages 203-224
    Published: February 20, 2011
    Released: December 01, 2017
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    As the inevitability of a "decisive battle on Japanese soil" drew nearer and nearer during what appeared to be the final stages of the Pacific War, a movement arose demanding the declaration of a national emergency as provided for under Article 31 of the Meiji Constitution. Despite the attention that this movement has drawn as of late, there has been yet no attempt to clarify the views on the subject held by the movement's leader and constitutional scholar, Ogushi Toyoo. This article discusses Ogushi's ideas based on his personal archives. Given his interpretation that the emperor possessed unfettered sovereignty (Herrschergewalt) with regard to rights laid out in Article 31, Ogushi deserves to be placed within the Hozumi/Uesugi Legal School on the subject of imperial sovereignty. He was of the opinion that through the imposition of Article 31 a national defense state system would be established with the unification of civil affairs and a supreme military command. In opposition to Ogushi's argument, Odaka Tomoo espoused the idea of Staatsnotrecht (emergency legislation) based on the interpretation of Carl Schmitt and expressed fears about a suspension of the Constitution. Ogushi deemed Odaka's argument unacceptable, for if the powers provided by Article 31 meant Staatsnotrecht, revolutionary forces would be enabled to usurp those powers to deny the sovereignty of the emperor. Meanwhile, the National Science Research Council led by Ogushi drafted a legislative bill to allow the government to implement a state of national emergency, over which the Legislative Affairs Bureau raised problems about 1) the relationship between civil affairs and supreme military command and 2) the relationship of a state of emergency declaration to Article 9 of the Constitution. That is to say, if emergency powers could be exercised to suspend Articles 9 and 55, a state of emergency could not be implemented. In response, Ogushi explained that if emergency powers were exercised by avoiding Staatsnotrecht, no constitutional provision would be suspended, except for the articles of Section 2 concerned with the rights and obligations of imperial subjects. For this reason, the tasks of both solving the legal problems of the draft bill and implementing the actual state of emergency both fell into difficulty. It is on this point that the author shows how Ogushi's application of the Hozumi/Uesugi interpretation of imperial sovereignty to the issue of unlimited powers with regard to Article 31 paradoxically placed limitations on that same interpretation in assisting the nation as it prepared for a fullblown wartime system stressing strong leadership and national mobilization in defense of the homeland.
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  • Ichiro KAIZU
    Type: Article
    2011 Volume 120 Issue 2 Pages 225-230
    Published: February 20, 2011
    Released: December 01, 2017
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  • Toshiya ICHINOSE
    Type: Article
    2011 Volume 120 Issue 2 Pages 231-239
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 240-241
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 241-243
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 243-244
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 244-245
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 245-246
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 246-247
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 247-248
    Published: February 20, 2011
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (250K)
  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 292-288
    Published: February 20, 2011
    Released: December 01, 2017
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  • [in Japanese]
    Type: Article
    2011 Volume 120 Issue 2 Pages 287-249
    Published: February 20, 2011
    Released: December 01, 2017
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  • Type: Appendix
    2011 Volume 120 Issue 2 Pages App1-
    Published: February 20, 2011
    Released: December 01, 2017
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    Download PDF (34K)
  • Type: Appendix
    2011 Volume 120 Issue 2 Pages App2-
    Published: February 20, 2011
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (34K)
  • Type: Appendix
    2011 Volume 120 Issue 2 Pages App3-
    Published: February 20, 2011
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (34K)
  • Type: Cover
    2011 Volume 120 Issue 2 Pages Cover3-
    Published: February 20, 2011
    Released: December 01, 2017
    JOURNALS FREE ACCESS
    Download PDF (32K)
  • Type: Cover
    2011 Volume 120 Issue 2 Pages Cover4-
    Published: February 20, 2011
    Released: December 01, 2017
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    Download PDF (32K)
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