The studies on the law to punish both parties in a quarrel are many, the first being a study undertaken in 1720 (or the 5th year of Kyoho era) by Sorai Ogyu, a noted contemporary scholar, and a number of essays written and books published since the Meiji Restoration by such well-known scholars as Dr. Kaneyuki Miura, etc.
In the present paper, the writer wishes to approach the problem on the basis of the assertions made by the savants mentioned above, from the point of view of the law stipulating the legal procedures to be followed by the Samurai (or Buke), and will try to find a conclusion in the vicissitudes of the procedural law which ruled that any who resorted to quarrel in spite of and disregarding the statutes advising appeal for righteous legal procedures would be deprived once and for all of the right to appear in a court.
Thus, the law providing for simultaneous punishment of both parties in a quarrel seems to imply a terminal point for all these acts and regulations motivated by the necessity to regulate and control all these disorderly acts.
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