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  • 野村 忠夫
    法制史研究
    1956年 1956 巻 6 号 254
    発行日: 1956/03/30
    公開日: 2009/11/16
    ジャーナル フリー
  • 瀧川 政次郎
    法制史研究
    1954年 1954 巻 4 号 19-50,en1
    発行日: 1954/07/31
    公開日: 2009/11/16
    ジャーナル フリー
    In the first year of Tempyo-Shoho, with the ascension of the Emperor Koken to the. throne, the Empress Dowager Komyo established the office known as Shibi-chu-dai, composed of officers of the four ranks : Rei, Daisho-Hitsu, Daisho-chu, and Daisho-so. Besides these four high-ranking officers there were such officers as Shisei and Toneri whose duty it was to treat of general affairs.
    Officers above Hitsu took care of the ordinances of the Empress-dowager issued as Imperial Ordinances and those below Chu usually attended to the official duties in regard to the Empress-Dowager's office. The Empress-Dowager Komyo held the reins in her hand as mother of the Emperor, and Shibi-chu-dai from which her ordinances were issued had come to wield the greater authority than Da-jo-kan, being constantly backed up by the political tactics of Shibi-rei Fujiwara Nakamaro.
    Towards the end of the year Shoho, it had become known as the highest governmental office-like Chung-shn-sheng of Tang, after which it was named. In the second year of Tempyo-Hoji, when the Emperor Jyunnin stood at the helm of the state as the Emperor-the rule of the Empress Dowager was discontinued and Nakamaro was transferred and appointed as Taiho-(Udaijin). At the same time Shibi-chu-dai was, re-named as Konkyu-kan, the chief duty of which was to take charge of the general affairs concerning the Empress-dowager's office. In the fifth year of Ho-ji (one year after the death of the Empress Dowager) the once almighty Shibi-chu-dai ceased to exist.
  • 武散位・衛府舎人・院宮王臣家人を中心に
    十川 陽一
    日本史研究
    2021年 707 巻 1-27
    発行日: 2021年
    公開日: 2025/07/31
    ジャーナル フリー
  • 川口 常孝
    美夫君志
    1987年 35 巻 1-21
    発行日: 1987/07/20
    公開日: 2025/09/14
    ジャーナル オープンアクセス
  • 服藤 早苗
    物語研究
    2003年 3 巻 1-9
    発行日: 2003/03/31
    公開日: 2018/03/27
    ジャーナル フリー
  • 小森 義峯
    憲法論叢
    2009年 16 巻 69-88
    発行日: 2009/12/22
    公開日: 2018/01/10
    ジャーナル オープンアクセス
    Japanese unwritten traditional Constitution is based on "Emperor System by a line of Emperors unbroken for ages eternal". It was destroyed fundamentally by present Japanese Constitution forced by American occupation forces. This thesis focused relationship between present jurisdiction and Japanese unwritten traditional Constitution.
  • 上杉 和彦
    史学雑誌
    1986年 95 巻 11 号 1726-1750,1828-
    発行日: 1986/11/20
    公開日: 2017/11/29
    ジャーナル フリー
    The final goal of this report is to clarify the conversion of the judicial official function as well. as to identify its causes between the ancient and the medieval ages periods in Japan. Its conclusions run as follows. The main function of judicial officials in the Sekkan Period was to submit names of crimes. A system appeared, in which judicial officials, receiving directions by Imperial command, reported the names of crimes to the Dajohkan. Then, the Jinnosadame decided the names of crimes according to their reports. This means they were the de facto law enforcement agency of the Imperial Administration. Therefore, the government decision of names of crimes required their reports in principle. Another function of judicial officials in this period was to answer legal questions which government agencies asked in order to fulfil their tasks. This second function was gradually expanded to be used by private sectors after the eleventh century. The functions of judicial officials greatly changed in the Insei Period. First, the procedure of submitting names of crimes was gradually formalized. Second, and more importantly, they were coming to have the full-scale function of reporting the merits of lawsuits and disputes. The cause of the latter change is that in this period lawsuits and disputes concerning land beyond the framework of provinces were occurring so frequently. Given that these judicial officials had answered questions on legal principles in the previous period, parties litigant generally came to them for advice. On the basis of this tendency, the Imperial Administration put the reporting function of judicial officials into the national system of lawsuits decisions. Each man of power did the same. This brought about the direct rule of court nobles in the Insei period over the function of judicial officials as law enforcement agencies ; and moreover, accelerated the establishment of the lawsuit decision system, that is, the establishment of the Kirokujo on a larger scale. The Kirokujo was founded as the organization which gathered working officials, including judicial officials who functioned as judicial officials. When we see the Kirokujo and its successor, Fudono, as located in the center of the medieval aristocratic lawsuit system, the reorganization of judicial officials must be assessed as its very beginning.
  • 衣川 仁
    洛北史学
    2015年 17 巻 19-42
    発行日: 2015/06/06
    公開日: 2023/07/21
    ジャーナル フリー
    日本中世の宗教と人々との関係はどのようなものであったのか。この問題を考察するため、本稿では平安期の訴訟関係史料に登場する「神威」と、「数百年」などと表記される安穏の歴史を素材とした。その結果、第一章では神威といった宗教的威力を恐れる表現が多用されるものの、現実にはその力が万能であったわけではないことを明らかにした。中世の人々にとっての宗教とは、自らの生活のために宗教を利用する側面と、表現通りに崇拝する神頼みとしての側面とが並存するようなものであったと考えられる。また平安期の人々は自らの死後にも祈りが継続されない可能性を不安に感じており、そのため長い安穏の歴史とい う実績を有する寺社に期待するようになっていた。しかしながらこの結びつきは宗教的な装いをすることをよしとするような思考の定型でしかなかった。中世の宗教と人々との関係を考察するには、こうした面を含む日常的な思考への目配りが必要であろう。
  • ―屈原・業平・貫之―
    坂本 信道
    中古文学
    2006年 78 巻 39-53
    発行日: 2006/12/15
    公開日: 2019/05/18
    ジャーナル フリー
  • ―「皇室の自律の再構成」という試論―
    渡邊 亙
    法政治研究
    2018年 4 巻 113-
    発行日: 2018年
    公開日: 2018/05/28
    研究報告書・技術報告書 フリー
  • 法曹至要抄にみる法創造の一断面
    長又 高夫
    法制史研究
    1997年 1997 巻 47 号 63-85,en4
    発行日: 1998/03/30
    公開日: 2009/11/16
    ジャーナル フリー
    "Wayo" emerged as a legal concept in Japanese society in the 12th century, where existed a system of grants and donations by means of estates and posts. "Wayo" refered to binding contracts for the transfer of property. This "Wayo" concept curtailed the use of actions called "Ranso". Although the concept had a legal basis in the Meireiritsu Art. 32, in practice it was created by the reasoning of judicial officials and later it was received in the law of the Kamakura Shogunate in the form of the legal principle of "Wayomotsufukaikan" (once the property was transferred, the contract could not be cancelled) and it survived through the Medieval Ages. Without understanding this legal term, we can not get a complete picture of Japanese medieval society.
  • 竹内 理三
    社会経済史学
    1934年 4 巻 2 号 123-162
    発行日: 1934/05/15
    公開日: 2017/12/28
    ジャーナル フリー
  • 菅野 文夫
    史学雑誌
    1984年 93 巻 9 号 1473-1497,1574-
    発行日: 1984/09/20
    公開日: 2017/11/29
    ジャーナル フリー
    In recent years the subject of Tokusei (Moratorium on Debts) has become a major topic of debate, with attention focusing on the peculiarity of land-holding in Medieval Japan ; i.e. the right of original ownership (honshuken). This paper approaches this problem by comparing the sale with the pawn of land. The main points argued are as follows. The first point made is that while transfers of land ownership in the Middle Ages may be strictly divided into perpetual sales (eitai baibai) and pawn (where the mortgaged land passes into the hands of the lender for the duration of the loan, and which is called ireshichi, honsenkaeshi, and so on.), both forms of transfer are basically the same in function. However, the legal distinction between sale and pawn is valid at the level of ordinary life, but in an extraordinary situation -the prime example of this is a Tokusei Edict, but violation by a third party is another example- this distinction may disappear and a landsale may be treated as a mortgage. In such a case the original owner can assert the right of redemption. The second point made concerns the process whereby the above relation between the sale and the mortgage of land came about. As Kikuchi Yasuaki has pointed out, in ancient society the sale of land functioned as a mortgage with the right of use passing to the "buyer", but as the medieval system of landownership developed, the right of redemption was lost, and the medieval system of "perpetual sale" developed. In ancent society, pawn was not thought of as a form of mortgage, but with the rise of a new urban class of money-lending merchants, it came to be recognised as one form of mortgage. Thus sales retaining the right of redemption came to be thought of as mortgage contracts, and the legal relation between perpetual sales and mortgages, based on the distinction between whether the right of redemption was retained or not, became established sometime around the late Kamakura or Namboku Cho Period.
  • 佐藤 健治
    史学雑誌
    1994年 103 巻 11 号 1925-1951,2037-
    発行日: 1994/11/20
    公開日: 2017/11/30
    ジャーナル フリー

    In this paper, the author attempts to show the conditions by which ancestor worship supports permanent families through a study of funeral and memorial services held for the heads of the Fujiwara Regent families. Through an investigation of those who presided over these ceremonies, how they were carried out, and the way in which they were financed, the author follows the process of how the various memorial services were ritualized into established family customs. He attempts to clarify the origin and characteristic features of these customs as regent family events and their significance within ancient aristocratic society. Concerning funeral services, the Fujiwara Regents were originally given state funerals in accordance with provisions under the ritsuryo codes stipulating that the presiding officer be appointed by the government and that funereal gifts be sent from the public coffers. However, beginning with the funeral of regent Tadahira in the mid-tenth century, both practices were abandoned, thus removing the ceremony from state control in terms of both personnel and material support, turning the event into a family affair. With respect to the ceremony itself, before the funeral of Tadahira the main practice consisted of the reading of an imperial order before the casket. This practice was done away with beginning with Tadahira's funeral, and the whole ceremony was changed so that the state would have no involvement whatsoever. Here we can observe how during the latter half of the tenth Century the funeral services for the Fujiwara Regents were transformed from affairs of state to family-centered events. Turning to the memorial services. Called chuin (an initial period of mourning lasting seven weeks) and shuki (the first anniversary of the death), in Heian period aristocratic society the former was marked by a Buddhist ceremony (gohoji) designed as a public demonstration of remembrance, while the latter was marked by a ceremony (shonichi-butsuji) that was merely a family memorial service. In particular, the gohoji ceremony, which was directed from the family to aristocratic society as a whole, concentrated on signifying the succession of the new family head, and in the case of the Fujiwara family it was a ceremony equal in stature to an affair of state and signified its transformation into the "family of the Regent" within aristocratic society. The latter half of the tenth century, when this ceremony was first established, marked the formation of families whose continuing existence was based on the succession of family heads. In the memorial service called nenki (yearly anniversaries of a death), there are the elements of an event carried on through one generation and an event Hasting from generation to generation. It was usual for the death of a family head to be commemorated yearly throughout the lives of his sons or grandsons; but if the family decided that funds were available, this memorial service could be upgraded to a semi-permanent yearly family event. While the former custom was based on the vertical father-son clientship relationship, the latter was guaranteed through a horizontal relationship involving the participation of all family members in deciding to hold the event and using the family's wealth to finance it. In practice, the latter event became a relatively modest version of the former and became closely tied to a consciousness, of Fujiwara Regent family membership. The idea of the permanent family organization and the funeral and memorial services reinforcing it came into existence during the latter half of the tenth century with the above described Fujiwara Regent family practices, practices that stress the patriarchal relationship between fathers and sons and guarantees by all family members that the events would be continued for generations to come. As long a these relationships existed, these ceremonies would be carried out.

    (View PDF for the rest of the abstract.)

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