The purpose of this paper is to survey penal legal institutions particular to "dynastic" Japan of the mid-and late-Heian period, to ascertain how the penal system worked, to examine the logic behind the system, and to probe the historical background to it. Chapter 1 discusses the penal law in the preceding ritsu-ryo period. Under the strong influence of the ancient Chinese penal system, the ritsu-ryo codes specified such punishments as corporal punishment, deportation, confiscation, penal servitude, and depfivation of social standing. The code reveals the government's total control and exploitation of criminals. The author argues that the formation of the code stemmed from ritsu-ryo Japan being born under international pressures of the time and forced to develop a bureaucratic and centralized nation following Chinese precedents, while preserving Japan's indigenous tradition. Chapter 2 breaks down dyndstic Japan's penal system into three categories: (1)Kurodo-to-Hosai: Under this law, the emperors judged their vassals' minor offenses, and the Kurodo-no-To, who was in charge of the vassals, executed the judgments. (2)Dajo-kan-Hosai: Under this law, the emperors, with the help of the Dajo-kan (the Cabinet), judged both the offenses committed by court nobles of the 5th or higher rank and all serious offenses. (3)Shicho-Sai: Under this law, the Kebiishicho (Department of Investigation) judged ordinary offenses committed by people of the 6th or lower rank. By examining these three categories, the auther demonstrates that dynastic Japan's penal code was centered around "exclusion" - deportation, deprivation, and detention - and that corporal punishment and confiscation existed only as unofficial of exceptional punishments. Chapter 3 examines the historical background which led to the formation of the dynastic Japan's penal laws based on exclusion. First, the author illustrates the jurisprudential construction which formed the dynastic code out of its ritsu-ryo predecessor. Secondly, he argues that the elaboration of taboos against impurity and crime had a decisive influence over the formation of the exclusion-based punishments of dynastic Japan. The paper concludes with an explanation of how corporal punishment and confiscation, once regarded as unofficial and exceptional by aristocratic legislators, came to be incorporated into the dynastic penal code by the end of the Heian period. This transformation coincided with the emergence of the warrior class and religious powers, which did not hesitate to use such penalties as corporal punishment. When the Kamakura-Bakufu was established, it reorganized penal law strictly based on corporal punishment and confiscation.

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After the death of Toyotomi Hideyoshi, the shogun Tokugawa leyasu followed the marine order maintenance policy of Hideyoshi and adopted a trade control policy. Moreover, leyasu planned to trade with Mexico, using Uraga as the base for foreign trade. Uraga is in the Kanto region and was the power base of the Tokugawa Shogunate. As a matter of course, this plan implemented by leyasu affected the foreign trade conducted by the daimyo, or feudal lords. The purpose of this paper is to examine the foreign trade that the Shimazu clan, one of the daimyo of western Japan, conducted with the Philippines and China. The Tokugawa Shogunate's negotiations with Spain, the colonial ruler of Mexico, for trade with Mexico were conducted through the missionaries and other foreigners living in Japan. In 1609, in the midst of the negotiations, the Shogunate changed its main foreign trade partners, shifting its focus from Portugal to Holland and Spain. Thus, 1609 was a pivotal year in that the destinations of the goods exported from Japan, mainly silk, were shifted from Portugal to Holland and Spain. Furthermore, in 1611, Nagasaki was designated to serve as the sole port of call for ships from Tang China. The policy of banning other foreign trade bases was thus strictly enforced. This policy of the Shogunate pushed the Shimazu clan, which had been actively fostering trade ties with China, into a tight corner. This suggests that the Tokugawa Shogunate, besides seeking to prevent the spread of Christianity throughout Japan, also sought to build a system of trade control.

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Nakahara-no-Syotei and Nakahara-no-Hantei who were supposed to be in the post of Myobohakase for about 30 years from 1160 or so, was one and the same person, and both of these two names, though written in different Japanese characters, should be pronounced as "Nakahara-no-Norisada".
It was not "Norisada " that was appointed to the post of Myobohakase for the first time in the Japanese history, but it was this "Norisada" of the Nakahara family that started with the Sakagami family transmitting "Myobo-kagaku" by heredity.

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「野田文書」と称される文書群に現れる、佐々木三郎長綱という人物が、応永二十一年に試みた「庭中言上」に関して検討を試みた。まずは「野田文書」の一連の文書群としての性格・価値を明らかにし、その上で、頼朝の挙兵を支えた佐々木三郎盛綱の末裔である彼が抱えた、自身の生活と密着した終末的な状況に基づく危機感とその克服への営みを照らし出した。その過程では中世武家社会に対する『平家物語』の規制力もまた明らかとなった。

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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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According to the views heretofore asserted, the office of In-no-Ho-kumen (literally, the north side of the ex-Emperor's palace). has been held to have been founded by the ex-Emperor Shirakawa with the intention of anticipating his programme of In-Sei (government by the ex-Emperor). Therefore its foundaion is of deep significance. But these views are not correct.
In-no-Hokumen at the time of its foundation had no definite functions, nor was there any standard in existence by which to appoint its members. The fact was only that those who had some connexion with the ex-Emperor were called by him and served him with regards to his personal routine work. But, in the later Heian-period, the so-called Bushi (Knights) came to be appointed to these posts, the title "Hokumen-no-Bushi (Knights who held posts in the In-no-Hokumen) " came into existence, and the In-no-Hokumen naturally played a part in promoting the influence of the ex-Emperor. The character of the In-no-Hokumen thus made a complete change in comparison with that of the same office at the time, of its foundation. Therefore the foundation of the In-no-Hokumen is, in its situation, completely different from '.that of the Sehnen-no-Bushi (Knights who held posts in the west side of the ex-Emperor's palace) by. the ex-Emperor Gotoba. The foundation of the Seimen-no-Bushi by the ex-Emperor Gotoba was inspired by the later In-no-Hokumen which had already completely changed its character.

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Among the decisions (saikyo-jyo) which were issued by Kamakura Bakufu, there were some decisions that used an assumptive word "koto-jichi-naraba". This word implied that in that case the Bakufu reserved the right to decide whether it was the fact or not. Therefore in some cases, as the result of this reservation, after many years there occured a new dispute. Why did these decisions use such an assumptive word? These may possibly have been the writs of summons (toi-jyo), not the decisions. As for the writs of summons in Kamakura period, there were two different types. One was relatively short and neutral. And the other was long and showed some value judgements. For that reason, the latter was sometimes misused as a decision. Both problematic documents (the decisions with an assumptive word and the long writs of summons) were issued before the middle of the 13th century. Accordingly we can consider these documents as the documents which were issued during the transition period of Kamakura legislation. Nevertheless as for the settlement of dispute, these documents were not so useless. According to this fact, we know that at this period Kamakura Bakufu was called for as an authority not as a coercive power.

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Three continuous cores of 47m, 71m and 365m in thickness were recovered from the subseafloor at about 1200m water depth at Holes C9001A, C9002A/B and C9001C/D during D/V CHIKYU shakedown cruises of CK05-04 Leg 2 (16 November-14 December 2005) and CK06-06 (6 August-29 October 2007). The core sediments are composed mainly of diatomaceous silty clay, and are divided into four lithologic units from Units A to D at Hole C9001C. The Unit A is characterized by common intercalations of tephra/sand and higher magnetic susceptibility (MS), while the Unit B is rare in tephra/sand intercalations with lower MS. The Unit C is composed of unconsolidated sands, and the Unit D is similar in lithology with the Unit A. The integrated stratigraphy of micropaleontology, tephrochronology and magnetostratigraphy suggest that the bottom age of Hole C9001C core is correlated with the base of the Brunhes Chron (Chron C1n) that is assigned to about 780ka (Middle Pleistocene). The geological age of Hole C9001D ranges from 1.05 to 1.65Ma (Early Pleistocene). The oxygen isotope stages from Marine Isotope Stage (MIS) 1 to MIS 18 are recognized in Hole C9001C based on the correlation with a standard isotope curve, and these data accord well with the results of biostratigraphy and magnetostratigraphy. The Unit A ranges from MIS 1 to MIS 8 (about 300ka), and Unit B spans from MIS 9 to MIS 16 (300ka-640ka). The Units C and D are assigned to MIS 17 and MIS 18, respectively. Hole C9001C core has a continuous sequence without hiatus although a disturbance layer occurs around 150mbsf. Thus, the Shimokita cores have a strong potential to improve biochronology and revise geological time scales for the past 800kyr in the Northwest Pacific region.

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Recent studies of the late medieval Japanese constitutional history focus on regional communities, and place special focus on the fact that the structure of social order was autonomous and self-enforced by the people themselves. These viewpoints are based upon the concept of the Kubo, which has a meaning of keeping the village community peace. Examining the term Kubo mainly, I will reconsider the position of the feudal lord in the late medieval village community.
From the research of the Kubo in Suganoura during the Muromachi era, I found that the concept of the public (Oyake, [_??_]) in the late medieval regional community has a strong relationship with the govern-mental authorities. This means that we have to attach more importance to the substance of the Kubo - the governmental authorities, to say more, being the lord of the manor.
Considering above, I carried out the research on the position of the feudal lord by examining Kujo Masamoto, who was a lord of Hine-no-sho. Kujo was struggling with the Hosokawa family (Shugo, _??__??_) and the heads of the Negoro-temple for the dominance of the Hine-no-sho. Kujo's power base was not as strong as Hosokawa's, but the regional community never prevented Kujo from being the lord of the manor. This was because of the legitimacy derived from his position as the Kubo. I can also find that the Negoro-temple possessed the necessary qualities for the position as lord, as they had not only sufficient military forces but also religious authority accepted by the regional community. The Negoro-temple therefore succeeded Kujo as the next lord with few complications.
In conclusion, although recent studies place too much emphasis on the said concept of the Kubo, it is impossible to clarify the whole constitutional situation during the late medieval period from these onesided views. It is therefore necessary to regard the feudal lord from a more holistic perspective, in other words, by attaching importance not only to the concept of the Kubo but also to the substance of it.

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It has generally been said that the trials of the Kamakura Shogunate treated "Rihi" (_??__??_) as a matter of great importance. However, on a thorough examination of the Kanto saikyojo (_??__??__??__??__??_) and the Rokuhara saikyojo (_??__??__??__??__??__??_) which were the rolls of the judgments of the Shogunate courts, we find that, in the trials of the Kamakura Shogunate, the cases decided without inquiring into its "Rihi", i. e. without trying substantially and deciding on the merits of the case, exist in quite a number, much more than we expected.
This paper deals with these cases which were not decided according to "Rihi" by extracting seven types of judgments thereof and examining each. They are:
1) judgments to suits concerned with Nengu-shoto-mishin _??__??__??__??__??__??_,
2) judgments according to Nenki-ho (_??__??__??_),
3) judgments based upon Wayo (_??__??_),
4) iudements on Meshibumi-ihai (_??__??__??__??_),
5) judgments on Akko (_??__??_),
6) judgments on Gechi-ihai (_??__??__??__??_),
7) judgments according to Ando-gedai-ho (_??__??__??__??__??_),
As a result, the following conclusions have been attained.
In the first place, the Kamakura Shogunate was willing to decide the cases filed to the Shogunate courts by applying as it pleases the various principles of "Furon-Rihi" such as the seven types mentioned above.
Secondly, of the seven types of the judgments, certain cases belonging to 2), 3), and 4) were tried substantially and decided on the merits of the cases as exceptions. It may seem that the Shogunate had ultimately paid respect to the judgments according to "Rihi", but the truth is that it was not the case but meant quite the opposite. As is fully discussed in the text, the cases were tried substantially in order to perpetuate the fundamental principles of the Shogunate system itself, which were much more critical than each of the principles of "Furon-Rihi". In other words, it was the enforcement of the principles of the "Furon-Rihi" from a higher point of view.
The theory of the "Furon-Rihi" discussed above requires, at least, some adjustment to the traditional concept about the trials of the Kamakura Shogunate stated at the outset.

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