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Legal Suits and Illegal Suits in Early Modern Japan

Research Project

Project/Area Number 10620015
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Fundamental law
Research InstitutionRitsumeikan University

Principal Investigator

OHIRA Yuichi  Ritsumeikan Univ,College of Law, Professor, 法学部, 教授 (00102161)

Project Period (FY) 1998 – 1999
Project Status Completed (Fiscal Year 1999)
Budget Amount *help
¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1999: ¥200,000 (Direct Cost: ¥200,000)
Fiscal Year 1998: ¥500,000 (Direct Cost: ¥500,000)
KeywordsPetition / suits / illegal suits / appeal / direct appeal / legal suits / the system of suitss / lawsuits / 差出 / 内部処理 / 訴訟制度の限界 / 合法的「訴訟」 / 非合法的「訴訟」 / 駕籠訴 / 駈込訴 / 「行政訴訟」 / 目安箱
Research Abstract

There were three types of legal procedures that were classified as "suits" in the Tokugawa Period of early modern Japan (1615-1867). The first was civil lawsuits, the second, criminal lawsuits and the third type was something like petitions to the authorities. Thus, petitions were also called "suits" in Tokugawa Japan. Today, we find many academic books and papers on civil and criminal suits in Tokugawa Japan. I would say, however, we can hardly find any research in the field of Japanese history on the legal procedures related to petitions to the authorities of the Tokugawa Shogunate.
This study therefore examines the procedure of petitioning the authorities in the time of Tokugawa Shogunate and makes clear the differences and similarities between this type of "suits" and the other type of legal procedures referred to as suits at that time. It also describes the systhems Tokugawa Shogunate had for handling these suits and petitions and point out limits of these systhems. From this research, we can understand the says in which suits and petitions were guaranteed and those in which they were not guaranteed for the people of early modern Japan.

Report

(3 results)
  • 1999 Annual Research Report   Final Research Report Summary
  • 1998 Annual Research Report
  • Research Products

    (3 results)

All Other

All Publications (3 results)

  • [Publications] 薮田 貫 編: "民衆運動史 第3巻 社会と秩序"青木書店. 24 (2000)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1999 Final Research Report Summary
  • [Publications] Yuichi Ohira: "Legal suits and illegal suits in the Tokugawa Period of early modern Japan"Society and social rode ― The History of Popular Movements Vol. 3" ed.by Kan Yabuta, Aoki Bookshop. 41-64 (2000)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1999 Final Research Report Summary
  • [Publications] 薮田 貫 編: "民衆運動史 第3巻 社会と秩序"青木書店. 24 (2000)

    • Related Report
      1999 Annual Research Report

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Published: 1998-04-01   Modified: 2016-04-21  

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