1994 Fiscal Year Final Research Report Summary
Judicial Precedents and Case Law in the First Half of Edo Period
| Project/Area Number |
05620003
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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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, School of Law, Professor, 法学部, 教授 (20162828)
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| Project Period (FY) |
1993 – 1994
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| Keywords | Hyojosho / judicial precedents / Oshioki-burui / Machi-bugyosho / Oshioki-saikyocho / Kataki-uchi / Kane-kuji / Harvard Law School |
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| Research Abstract |
This study has two objects. One is to collect judicial precedents of Tokugawa Shognate in the first half of Edo period (before 1742) as many as possible, and the other is to investigate some aspects of forming case law in this period.
With regard to the first object, I obtained two good results. One is collecting 19 copies of "Oshioki-burui" , which was the only Hyojosho precedens saved from burning in the fire of 1717. The other is discovering "Keibatsushu-bassui" , which is another copy of "Oshioki-saikyocho" and "Genshoshu" compiled from "Ro-cho" precedents of Machi-bugyosho.
Regarding the second object, my research has proved also two successful fruits. One is, concerning the history of criminal law, to discover 18 cases of "Kataki-uchi" (revenge against enemies) and "Megataki-uchi" (revenge against wife's enemies) and bring those legal system to light. The other is, concerning the history of private law, to define the separation of "Hon-kuji" (main suits) and "Kane-kuji" (money suits) with respect to "Aitai-sumashi-rei" (mutual payment acts).
Moreover, in connection with this research, I disclosed the details of Japanese archives that Harvard Law School Library stored up in the middle of 1930's.
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Research Products
(10 results)
