2010 Fiscal Year Final Research Report
Position of "Abuse of Legal Proceedings" in Dispute Resolution in Medieval Japan
| Project/Area Number |
19730007
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Beppu University (2008-2010)
Kyushu University (2007) |
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Principal Investigator |
YAMAMOTO Hiroshi Beppu University, 薬学部, 講師 (80363307)
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| Project Period (FY) |
2007 – 2010
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| Keywords | 日本法制史 / 中世 / 濫訴 / 紛争処理 / 訴訟制度 / 裁許前誓約 / 土地境界紛争 / 堺相論 |
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| Research Abstract |
To prevent "Abuse of legal proceedings", the Kamakura Shogunate enacted various laws. In that case, the threat effects to litigants were planned. However, it punished only to extremely malignant "Abuse of legal proceedings" at the stage of operation. It doesn't punish to other "Abuse of legal proceedings". This research is located with the one that traces study results of the legal system in the Middle Ages and reinforced it. In addition, a new viewpoint "Abuse of legal proceedings" was able to be offered as an analysis aspect of the shogunate power. It is thought that the research can be deepened by using the concept "Abuse of legal proceedings" in the future. Moreover, only the trial of the Kamakura Shogunate is targeted, and the Muromachi Shogunate is hardly examined. It is a point that should be reflected and I want to assume future tasks.
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