2012 Fiscal Year Final Research Report
A study of the judicial systems and the professional legal staffs in several Hans
| Project/Area Number |
22530005
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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 名古屋大学, 法学研究科, 教授 (20162828)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 法制史 / 藩法 / 江戸幕府法 / 裁判 / 法実務 / 吟味筋 / 出入筋 |
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| Research Abstract |
Based on the historical materials of several characteristic domains (Hans), this study intended to clarify the judicial systems and the legal practice of those professional staffs through the comparison with that of the Tokugawa Shogunate. The result is as follows:
(1) An outline of the judiciary and the judicial officers’ legal practice in Tsuyama-han have been clarified.
(2) Based on a number of judicial cases, it has been clarified that the felonious matters could be settled by Deiri-suji (adversary procedure) instead of Gimmi-suji (inquisitorial procedure) before Kujikata-osadamegaki established.
(3) By the record of two cases of Megataki-uchi (revenge against wife's enemy, or adulteress and adulterer) happened in Horeki 3 (1753), the Han officers’ legal practice for handling such cases has been clarified minutely.
(4) Against the recent view that the suit system in the Edo era suffered from malfunction and was useless for people, I argued that the suit system were actually used well, moreover, people’s criticism for the judicial system had significant meaning in those days
(5) Studying on parodies of legal documents, it has been realized that the forms of legal documents has spread widely and become familiar to people, and those parodies implied the criticism for the rigid and stiffened justice in the latter half of the Edo period.
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