SHIGAKU ZASSHI
Online ISSN : 2424-2616
Print ISSN : 0018-2478
ISSN-L : 0018-2478
Volume 92 , Issue 12
Showing 1-17 articles out of 17 articles from the selected issue
  • Type: Cover
    1983 Volume 92 Issue 12 Pages Cover1-
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Cover
    1983 Volume 92 Issue 12 Pages Cover2-
    Published: December 20, 1983
    Released: November 29, 2017
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  • Yoshiaki Fujiwara
    Type: Article
    1983 Volume 92 Issue 12 Pages 1849-1871,1986-
    Published: December 20, 1983
    Released: November 29, 2017
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    The research on the system of litigation under the Kamakura Bakufu has been accumulating since before the War in a very well arranged fashion of comparing and fitting this system within the framework of modern systems of litigation. However, in this tendency one can descern no attempt by researchers to grasp medieval society as a wholistic phenomenon. In this essay the author investigates the Bakufu's way of administering justice by concentrating on the characteristically medieval institution of teichu (庭中), or directly petitioning the Bakufu's court from "within the garden." The accepted explanation of teichu had heretofore been offerred by the legal historian, Ishii Ryosuke, who defined the institution as a remedial procedure classed along with appeals over the generally allowed three petitions (osso 越訴) for reduesting a re-trial on grounds of errors in legal procedure by the court. However, through an investigation of petitions delivered through the procedure of teichu to the Bakufu prefects (tandai 探題) in Kyoto (Rokuhara 六波羅) and Kyushu (Chinzei 鎮西), the author was able to establish that rather than a request for redress in procedural errors, teichu was actually a form of directly filing petitions with the court's clerk (hikitsuke tonin 引付頭人). Therefore based on this evidence combined with consideration of the "spacial order of things" within the architecture of the Bakufu headquarters in the Kanto plain, the term teichu can be thought of as expressing the action of directly petitioning the Bakufu's court verbally from the environs of its garden. Next in consideration of the two important elements of teichu, the garden and verbal communication, the author was able to establish that originally filing (shinsei 申請) of petitions was done orally and that the stage for this oral presentation was a garden. That is to say, the origins of this garden-staged, orally-presented petitioning procedure of the Kamakura Bakufu are to be found in the classical period when such filing procedures were of an everyday nature and also when litigation procedures possessed a magical aspect related to the world of mythology. Also within the Bakufu trial system written oaths (kishomon 起請文) served an extremely important function as court evidence, showing that this trial system ultimately rested on the magical force of native deities (kami 神) and the buddha. In the Muromachi period, as well, this aspect is present in such facts that during teichu of persons accused of causing the illness of the Tenno (天皇) by witchcraft, the procedure of testimony by boiling water (yugisho 湯起請) was carried out to determine innocence or guilt. The custom of teichu, the symbol of classical magic which lay within the medieval trial system, survived until the Sengoku period at which time Oda Nobunaga, the herald of things to come in the Early Modern era, finally put an end to the mythological aspects of legal procedure, thus marking an important turning point in the history of Japanese jurisprudence. It is for this reason that the view of a medieval trial system which fails to take into account the important element of classical magic should be revised.
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  • Katsuhisa Fujita
    Type: Article
    1983 Volume 92 Issue 12 Pages 1872-1894,1984-
    Published: December 20, 1983
    Released: November 29, 2017
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    It is usually regarded that the gradual increase in quantity of the water transportation from the beginning of the Han Dynasty (漢初) to the reign of Emperor Wu (武帝) was mainly caused to transport of local revenues to the central government, as it was so later in the Sui-T'ang (隋唐) period. There are, however, very few studies to demonstrate concretely the purpose and method of the water transportation, and its system has scarecely been studied. This paper, therefore, firstly investigates the past studies on the purpose of the water transportation and shous the way how to collect the crop in the Former Han Dynasty, and then, discusses its characteristics and its relations to the local revenues. After that, it will examine the system which made such enterprise possible, and clarify a feature of the administrative organization of the Former Han Dynasty. In summery, it is assumed that in the beginning of the Dynasty, the water transportation was carried out in a small scale just to transport the reserved grain of Ao-Ts'ang (敖倉) in Hsing-Yang (〓陽) to the central government. In the reign of Emperor Wu (武帝), it was promoted in a large scale corresponding to the military actions in the north border and the amount of six million Seki (石), the largest in the Former Han, was collected from the crop of the forfeited fields in counties. Accordingly, the crop of the water transportation were mainly from the reserved grain of Ao-Ts'ang (敖倉) and the crop from the governmental fields (公田), therefore, it is clear that there were hardly used as any transportation of local revenues in the water transportation, but including the crop purchased by the Government after the reign of Emperor Hsuan (宣帝). Also as the route of the crop transportation was limited in the route of Huang He (黄河), it was technically difficult to transport the local revenues of every where to the central government. Thus the development of the Place transportation in the Former Han was regarded to be accelerated by the military demand, so, in this point, it was different from the water transportation later in the Sui-T'ang (隋唐) Dynasties. The administrator (大司農) who was responsible to the governmental finance, operated such water transportation enterprise directly, concerning the crop collection, the storage management and the ship construction, but not the transportation itself except employing employees (〓人). The people in the transportation office were provided by the military laborers in the countries, and it may be understood that the association of the water transportation enterprise to the military actions in the north border incorporated the conuty armies under the control of the military organization of the central government. In other words, in the Former Han period, it seemsd that the central government held the civil administration in the county system on the one hand, and provided the function to incorporate the county armies under the military organization of the central control on the other. The study of the evolutional proeess of the water transportation in the Former Han, should be considered important, for it clarifies how the governmental financial system was operated and at the same time the double administrative system in the counties.
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  • Hideaki Miyajima
    Type: Article
    1983 Volume 92 Issue 12 Pages 1894-1920,1982-
    Published: December 20, 1983
    Released: November 29, 2017
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    This paper deals with Tokuzo Fukuda (1874-1930), who was one of the representative economists from the end of Meiji to early Showa. He is also famous as a frontier of modern economics as well as a pioneer of the economic history in Japan (His work, 'Die wirtschaftliche und gesellschaftliche Entwicklung in Japan, Stuttgart, 1900', which was written under Lujo Brentano's direction, is the first scientific research for Japanese economic history). This paper, however, did not concern him as a scholar, but a thinker who grasped the actual problems in this country and seeked to solve them. Fukuda as an intellectual was concerned with the relationship between the state and the capitalist society through his life. His idea lied on the social reform by means of voluntary activities and associations of individuals, furthermore on the reconstruction of capitalist state based on the above social reform. His position may be defined as 'Social Liberalism (die soziale liberale Ideenrichtung)', used as self-definition by Lujo Brentano who had a great influence on Fukuda. In modern Japan the social policy, on the one hand, as in the case of Kumazo Kuwata (1868-1932) and Noboru Kanai (1865-1933) who were leaders and formed the right wing in 'the Society for Japanese social policy (Verein fur Sozialpolitik in Japan)', was based on the statism or ethical norm, on the other hand the liberalism tended to be argued as laissez faire so as to exclude the interference of the state. Under these intellectual conditions Fukuda who oriented himself to combine freedom and interference, and to join independent society and positive state occupied a very unique position. His ideological process can be understood to show the possibility and problems of liberalism in modern Japan. His ideological process can be divided into following three periods. (I).1900-1910 ; he theoretically depended on 'neue historische Schule' of Germany and introduced its theory to Japan. In this period his problem-consciousness was the modernization of Japanese social and economic situation which was quite backward compare to western Europe. From this view point he advocated to enact Factory Law and abolish Rice Tariff and enlightened the necessities of entrepreneurship among Japanese capitalists. (II).1911-1920 ; he transfered his theoretical position to the neo-classical school (particularly of A.Marshall) and tried to study Marxist economic theory. Concerning the social policy he proposed the theory of 'the right to live', noticing the development of 'the liberal reform' in England and the theory of Anton Menger (especially of his 'Das Recht auf den vollen Arbeitsertrag in gesellschaftlicher Darstellung. 1886') and committed himself to refine it. In this period he not only studied in his laboratry, but also participated in actual activities, and he organized 'Reimeikai' (黎明会) with Sakuzo Yoshino (1878-1933) and became a leader of the 'Taisho Democracy'. The influence of Fukuda as a thinker reached the peak in his life. (III).1921-1930 ; after the World War I the socialism rapidly exerted on intellectual circles and the government advocated the 'collaborationism (協調主義)' as a new principle of industrial relations instead of the paternalism. With the intention of criticizing both these tendencies, he constructed a theory of the State, which appreciated the voluntary activities of workers and aimed at the improvement of their welfare by reinterpreting 'Das soziale Konigtum' of Lorenz von Stein. This may be regarded as a pioneer of 'Welfare state therory' in Japan. This essay mainly brings the second period into focus, and tries to examine the character of his theory of 'the right to live' and its historical significance.
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  • Hiroshi Umemura
    Type: Article
    1983 Volume 92 Issue 12 Pages 1921-1930
    Published: December 20, 1983
    Released: November 29, 2017
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  • Kaname Saruya
    Type: Article
    1983 Volume 92 Issue 12 Pages 1930-1936
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Article
    1983 Volume 92 Issue 12 Pages 1937-1951
    Published: December 20, 1983
    Released: November 29, 2017
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  • [in Japanese]
    Type: Article
    1983 Volume 92 Issue 12 Pages 1952-1953
    Published: December 20, 1983
    Released: November 29, 2017
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  • [in Japanese]
    Type: Article
    1983 Volume 92 Issue 12 Pages 1953-1954
    Published: December 20, 1983
    Released: November 29, 2017
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  • [in Japanese]
    Type: Article
    1983 Volume 92 Issue 12 Pages 1954-1955
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Article
    1983 Volume 92 Issue 12 Pages 1956-1981
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Article
    1983 Volume 92 Issue 12 Pages 1982-1987
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Index
    1983 Volume 92 Issue 12 Pages 1-9
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Index
    1983 Volume 92 Issue 12 Pages 5-1
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Appendix
    1983 Volume 92 Issue 12 Pages App1-
    Published: December 20, 1983
    Released: November 29, 2017
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  • Type: Cover
    1983 Volume 92 Issue 12 Pages Cover4-
    Published: December 20, 1983
    Released: November 29, 2017
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