A Study of Legal Practice and Practical Law in the Edo Period
Grant-in-Aid for Scientific Research (C)
|Allocation Type||Single-year Grants|
|Research Institution||Nagoya University|
JIMBO Fumio Nagoya University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20162828)
|Project Period (FY)
2001 – 2003
Completed(Fiscal Year 2003)
|Budget Amount *help
¥3,200,000 (Direct Cost : ¥3,200,000)
Fiscal Year 2003 : ¥900,000 (Direct Cost : ¥900,000)
Fiscal Year 2002 : ¥1,100,000 (Direct Cost : ¥1,100,000)
Fiscal Year 2001 : ¥1,200,000 (Direct Cost : ¥1,200,000)
|Keywords||Tokugawa Shogunate law / legal practice / practical law / case law / law book / Machi-bugyosho (Town Commission Office) / Hyoiosyo (Conference Chamber) / Tomeyaku (Recording Officer) / 近世法 / 法曹法 / 大坂町奉行所 / 京都町奉行所 / 天保改革 / 八田家文書 / 京都町奉行書 / 御仕置裁許帳|
1 In the Edo period, the official justice of the Tokugawa Shognate in fact were Hyojosho Tomeyaku (Recording Officers in the Conference Chamber) and Machi-bugyosho Yoriki (Aides in the Town Commission) under the Bugyo (Commissioners). They were engaged in the legal practice, and ruled mainly by the precedents. They compiled the judicial precedents and edited many practical law books. By gathering and analyzing materials for their routine work, the main results of this study are as follows:
(1)I argued that the legal practice in the Edo period had a system of legal technique and logic, which was not the same as the occidental jurisprudence, but was to be called a kind of "practical law." Such accumulation of empirical technique made it easy to receive the modern occidental law after the Meiji period.
(2)I showed the actual circumstances of the Tokugawa Shogunal litigation system partly according to the judicial statistics of Hyojosho (the Conference Chamber ; civil suits from 1738 to 1787
), Osaka-machibugyosho (Osaka Town Commission office ; civil suits from 1715 to 1727 and punishments from 1711 to 1725), San-bugyosho (Three Commissions Offices ; punishments from 1863 to 1867).
(3)I printed three law books (1)"Hatta-shi shozo koyo shomotsu mokuroku" (The List of the Books for Official Business Owned by Hatta Family), (2)"Osaka oshioki oboegaki" (A Memorandum of the Administration in Osaka), (3)"Oyakusho shoji torihakarai aiaratamarisoro shina oboe" (A Memorandum of Miscellaneous Official Matters Treatment Reformed), they were edited and owned by Hatta Gorozaemon, Osaka-machibugyosho Yoriki (Aide in Osaka Town Commission Office), quite good materials to know what the legal practice and the practical law in the Edo period were. We can recognize the variety of law books that Tokugawa judiciary owned ((1)), the development of the civil procedure in Osaka-machibugyosho, especially the details of the reform in Enkyo 2(1745) ((2) and (3)).
2 I make a plan to progress this study from the viewpoint of the development of "Hosoho" (judiciaries' professional law), which includes case law, legal practice and practical law. Less
Research Products (9results)