A study of the development of professional law in early modern Japan
| Project/Area Number |
16530006
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Nagoya University |
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Principal Investigator |
JIMBO Fumio Nagoya University, Graduate School of Law, Professor, 大学院法学研究科, 教授 (20162828)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥2,700,000 (Direct Cost: ¥2,700,000)
Fiscal Year 2006: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2005: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2004: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | early modern law / professional law / legal practice / hyojosho tomeyaku (recording officer in the Conference Chamber) / Osaka-machibugyosho (Osaka Town Magistrate's Office) / gimmisuji (inquisitorial procedure) / deirisuji (adversary procedure) / judicial statistics / 裁判 / 評定所 / 留役 / 公事方御定書 / 追放 / 判例法 / 藩法 |
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| Research Abstract |
According to the research plan, I made an effort to investigate unpublished legal materials that would clarify the development of professional law in early modern Japan. During the term of this project, I collected over 5,200 photocopies from microfilm and microfiche, over 1,000 frames of digital photographs, about 530 manuscript papers of duplicates. And I also purchased more than 30 printed books or manuscripts of Edo and early Meiji era at used bookstores. The contents are extremely various, including not only the law books compiled officially or privately, but also legal documents prepared and submitted to superiors by legal clerks. The main results achieved by arranging and analyzing those materials are as follows:
(1) I clarified the routine works of hyojosho-tomeyaku (recording officer in the Conference Chamber) and hyojosho-tomeyaku-kanjokumigashira (the head of hyojosho-tomeyaku), who are considered to be the most important legal clerks of the Tokugawa Shogunate.
(2) I argued the development of case law and the role of legal clerks in the inquisitorial procedure of Tokugawa Shogunate.
(3) I argued the litigant's activities inside and outside of the court of adversary proceedings, their sense of law and conception of rights.
(4) I clarified the detail of judicial and legal practice at Osaka-machibugyosho (the Osaka Town Magistrate's Office) by using collections of forms and drafts.
(5) I clarified a part of the judicial statistics of Hyojosho (the Conference Chamber), Machi-bugyosho (Town Magistrate's Office), Osaka Machi-bugyosho and the other Ongoku-bugyosho (Magistrate's Office of Distant Provinces).
Some of these results were already announced in essays, open lectures and a symposium. Four duplicates of the important materials with judicial statistics are contained in the Research Report.
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Report
(4 results)
Research Products
(20 results)
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[Journal Article] (コラム)絞柱と絞架2006
Author(s)
神保 文夫
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Journal Title
「地獄物語」の世界-江戸時代の法と刑罰-(名古屋大学附属図書館・同研究開発室編集・発行)
Pages: 37-37
Description
「研究成果報告書概要(和文)」より
Related Report
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