"The Debate about the Human Traffic" recorded in the "Treatise of Punishment" (hsing fa chih 刑罰志) of the Wei Shu (魏書) is one of the most important historical sources concerning the status control, especially the nu liang (奴良) system in ancient China, but only a part of it has been used of and no overall papers have been published by now. In this paper, I intended to examine two arguments on the contents of the Debate, analyze the historical characteristics of the Northern Wei Code (北魏律) quoted in the Debate and finally clarify the problem of the status control which the Northern Wei Dynasty tried to solve through this Debate. The past comment to be most criticized is that liang jen (良人) could maintain the same status as they had even after they were sold. On the contrary, I concluded that no matter how liang jen had been sold, they were turned socially into nu pei (奴婢) -though not legally, and that they were not regarded as liang jen any longer. By analysing the Northern Wei Code, particularly the "Articles of abduction" (lueh jen t'iao 掠人条) and the "Articles of selling children" (mai tzu t'iao 売子条) quoted in the Debate the following points were made clear ; (1)lueh jen t'iao and mai tzu t'iao had much the same structure as the T'ang Code (唐律). (2)The provisions of commutation of selling children probably originated from the Northern Wei Code. In this sense the Northern Wei Code qualitatively had a different structure from the Han Code (漢律) and the Chin Code (晋律). (3)The reason why the lueh jen t'iao and mai tzu t'iao did not prescribe the punishment of buyers is that the Northern Wei Code followed the tradition since the Han Code in which the crime of buyers were inseparable from the commitment of sellers. In this view we can say that the Northern Wei Code was on its way to the T'ang Code, and so was this Debate. The Northern Wei government tried to discourage the tendency of liang jen becoming nu pei as the result of the human traffic since the second half of the 5th century, but could not prevent it. Nu liang system in 513 was enforced by the State to reconstruct a new system against this status transition. But the State could not fundamentally change the situation by this policy, and fully realized that it had to take a more effective legal step. Eventually, this Debate in 514 was concerned mainly to prescribe the punishment in the case that a third person bought liang jen sold by the relatives ; such a provision was not included in the Northern Wei Code. But this point was not reflected in the decision given by the emperor based on this Debate, and then the State failed to establish the new legal system. Therefore the Northern Wei government could not reconstruct the new status system responding the situation. This task remained till the second half of the 6th century ; that was the establishment of pu ch'u (部曲) and k'o nu (客女) status by the Northern Chou (北周) Dynasty in 577.

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In recent years scholars have begun paying more attention to the fields of social history and the history of everyday life, resulting in great strides throughout many research areas. The aspect of eating habits is no exception and is now beginning to recieve the interest it deserves. However, studies which attempt to deal directly and exclusively with the history of food, victual preparation and table manners are almost non-existent ; and so the actualities of this everyday event are still not very clear. Moreover, the place where meals were partaken of and its significance have hardly been touched upon. In this essay, the author takes up the problem of the relation between feasting (kyoshoku 共食) and political control ; that is, the problem of the relationship of feasting to the communal consciousness of the dining participants and their status at the site of the banquet. Also to be investigated is the burden of providing foodstuffs, on such occasions as the serving of food and drink to corvee labor and banquets held when surveying land and collecting the annual land tax. Feasts, which were held on the occasion of independent community gatherings in cities and villages, would call for drawing from the stream of the sacred water of comradship (ichimi jinzui 一味神水), an act which functioned to strenghten communal consciousness and signified a group pledge for unity. On the occasion of the acceptance of a petition for merciful government and debt remission (tokusei 徳政), or the rendering of decisions in disputes, food and drink were partaken of ; and in public places where legal statutes were acclaimed, banqueting would follow. When groups such as ad hoc bands (ikki 一揆) whose members were considered of equal status were formed, a common thing was eaten by all present. However, when there were status differences within the group, what was eaten and where it was eaten differed accordingly. For example, an investigation of a menu (kondate 献立) listing the order of food and drink to be served on the occasion of a visit (onari 御成) from the Muromachi Shogun in 1561 (Eiroku 永禄 4) reflects a stratified status order and assures that this status order will be maintained among the various participants at this banquet, which lasted from evening till morning. Whenever unscheduled, special corvee levies were exacted, as in the case of irrigation facilities construction and repair, food and drink were always served to laborers. While there is the view which puts such eating and drinking in a stage of history which predates hired labor paid in cash, and the view which holds that behind such food service lay the attempt to capitalize on the community's customs, during both the medieval and ancient periods the burden for the provision of food and drink, which was required in certain labor-related specifications, was for a long time the responsibility of the ruling class. Within the realm of the ruling classes, as well, food and drink were communally enjoyed at the time of land survey and tax collection. When cadastres were carried out by the surveyors sent from the proprietor, feasting, known as mikkakuriya 三日厨 and hirakuriya 平厨, was enjoyed ; and the burden for foodstuffs reverted to local peasants. Food for banquets during tax collection, however, was provided by land proprietors. Eating habits related to feasting and political control in Japan's medieval period and those in the early modern period differ remarkably. In the latter era, feasting lost much of its former meaning, the banquet all but disappeared from the scenes of corvee labor and tax collection, and on the occasion of land surveys, only a minimal amount of foodstuffs were mustered under the state land tax system. By an investigation into the area of medieval eating habits showing the relationship between feasting and political control, the author has been able to give a fresh insight into the nature of the social consciousness of medieval people and the structure o

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Lujo Brentano (1844-1931) has been considered as a prominent leader of the liberal social reformers in the Verein fur Sozialpolitik. However, in an apparent contradiction to it, he proposed a compulsory trade union plan at the Mannheim conference of the Verein in 1905. In this paper, through close analyses of Brentano's publications and letters, I re-examine his shifting ideas on trade unions from his essay in 1871-72 to the Mannheim conference in 1905, and shed new light on him as an eminent figure in the constellation of intellectuals in the Imperial Germany. In Die Arbeitergilden der Gegenwart (1871/72), which gained a public applause for the first time, were expounded two theories side by side : the state organism theory and the supply-demand theory about labour. The latter derived from liberalism, whereas the former belonged to German traditional conservative thought. Brentano argued that the trade unions, just as the gilds used to be so, should cover all workers and be integrated in the state organism. But the supply-demand theory allowed the existence of the organization which consisted only of skilled labourers. Brentano, therefore, had to wait till the spontaneous organization of the unskilled, not to speak of the skilled, came to a maturity. However, he could not always wait till the spontaneous growth of trade unions. He actually proposed the organization from above (i.e. by state) in 1872 and 1888. But in both cases, he quickly returned to his earlier faith in spontaneity. The seven-men commission, representing four unions, during the Ruhr miners' strike in 1905 captured Brentano. He considered that the commission covered virtually all mine workers and the time had come for the state to integrate unions at last. He therefore proposed the compulsory trade union plan. This plan should be interpreted as an inevitable consequence of the theories in his Arbeitergilden. Thus Brentano cannot be regarded as a single-minded liberalist, nor a simple conservative. He was firmly based upon German intellectual tradition. In order to reach his ultimate organic goal, he would take liberal means if possible.

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