2000 Fiscal Year Final Research Report Summary
Crime, Punishment and Criminal Procedure of Medieval Japan
| Project/Area Number |
10620009
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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 | KYUSHU UNIVERSITY |
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Principal Investigator |
UEDA Nobuhiro Kyushu University, Graduate School of Law, Professor, 法学研究院, 教授 (70125996)
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| Project Period (FY) |
1998 – 2000
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| Keywords | crime / punishment / medieval / Kamakura government / 'Kendantokubun' / forfeiture of estate / gambling / adultery |
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| Research Abstract |
The main purpose of this study is to investigate the system and the actual situation of 'Kendantokubun' (the interest to be gained by land lords when they treat criminal cases) and to reconsider the previous studies of 'Bakueki' (Gambling) and 'sexual crimes against morality (rape or adultery etc.)' , in order to clarify what acts for what reasons were presumed as crimes and according to what procedures those acts were punished.
Furthemore, the purpose of this sutdy is to make a data base of key words relating to crime and punishument which ware found in the medieval legal sources previously published.
In the fiscical year of 1998, 66 key words relating to crime, pinishment, and criminal procedure were selected, searched for and picked up in the 'Kamakura-ibun' and 'Chusei-Hosei-shiryo-shu(Medieval Legal Sourses)' etc.
After that research as much as 15000 words were found, which if made into a data base could greatly contribute to the future research of criminal law history.
In the last fiscical year, after accomplishing compilation of the key words, the work on creation of a data base began, ans so thus the main work of this study. In present fiscical year, the aim of this research is to analyze and publish the results, which was delayed due to dificulties with reading the materials. Nevertheless the data base of key words was created in this very report, which will certainly contribute to the development of studies in the medieval criminal history. Presently, an article on 'Bakueki' is being written and the reconsideration of the medieval 'Kendantokubun' is in process of preparation. Both will be publish in the next fiscical year.
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