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  • 牧 健二
    法制史研究
    1962年 1962 巻 12 号 100-148,III
    発行日: 1962/03/30
    公開日: 2009/11/16
    ジャーナル フリー
    According to the " Writings of the Wa People " (_??__??__??_), of the " Record of the Gi Dynasty " (_??__??_), there were in the second and third centuries many small states of the old Japanese, which were ruled by a common king co-elected by them, and among the common kings Queen Himiko (_??__??__??_) was most famous. About the real land where the states were situated it has been disputed for many years, but the accurate reading, on which the author has written in recent years, reveals that they were in Kyushyu. The intention of this paper is to make clear the social and legal characters of those small states and of the " Queen State ".
    With this intention the author has examined the communities and states of the Mongolian races together with the " Queen State ", because the " Writings on the Wa People " is the last part of the writings on those Mongolian races. The two races, Ugan (_??__??_) and Sempi (_??__??_), in Inner Mongolia, which were composed of many primitive tribes, were normadic peoples, and did not constitute any sort of a state. The three wild races, flare (_??__??_), Yoso (_??__??_) and Kai (_??_), which inhabited on the side of Japan Sea, were not normadic, but any tribe of them did not reach the stage of having a state either. The races of Kan (_??_), who-were in the southern half of the Corean Peninsula, were divided into three blocks, Bakan (_??__??_), Shinkan (_??__??_) and Benkan (_??__??_), and each of them was a group of numerous states constituted by tribes. The largest one among them, Bakan, which contained fifty-four states co-elected a common king, Shin wo (_??__??_). He was perhaps the king of a confederation, which extended its sphere afterwards over the half of the states of the other two Kans. But it was too feeble to resist an attack of the northern enemy.
    When we compare the states of the Wa people with such conditions of these Mongolian races, it is quite clear that those were also the states of so many tribes, and the " Queen State " was the confederation of those tribal states. It was stronger in unity than the confederation of the above-stated Shin wo, although it contained various tendencies of collapse. It has been usual until now to take the " Queeu State " to be either the beginning of the Empire of Mikado or a single monarchy in Kyushyu. But such opinions are completely erroneous.
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