<論説>鳥取藩「御舊法御定制」編纂の意義
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概要
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Some years ago I edited the publication of Hampo Shu 2 : Tottori Han, under auspices of the Hampo Kenkyukai, or Feudal Clan Law Studies Association (Tokyo : Sobunsha, 1961). In this publication was included an interesting collection under the title of Gokyuho Goteisei. It is the purpose of the present article to examine the circumstances that led to the original compilation of this code and to inquire into its significance in the history of Japanese legal system. A large scale compilation of classified codification by categories of feudal decrees and orders was undertaken at the hands of Tottori Feudal Regime during 1828-1832,under the titles of Kogi Gohatto (Feudal shogunate law) in 15 volumes and Okuni Gohatto (Feudal clan law) in 72 volumes. Gokyuho Goteisei, a new abridged compilation was latter prepared, in five volumes, covering the more important decrees and orders in force at the time and covering up to the year 1843. By comparing these two codified editions, namely, Kogi Gohatto and Okuni Gohatto prepared in 1828-1832 and Gokyuho Goteisei issued sometime after 1843,we can make some critical examination and analysis of the substantive significance of the 1843 selections as to content and timing. Forms adopted by feudal clans for compilation of their rules and orders are not uniform. The Gokyuho Goteisei, compiled by Tottori clan authorities sometime in or after 1843,is significant in the following respects : 1. Of the decrees and orders issued covering a long period of 1632-1843,only those which were still actually operative at the time of compilation were selected to guide officials charged with the administration. 2. That the Tottori feudal regime included in the compilation some bakufu orders as operative is unique in that it was not a practice generally observed by other feudal clans. At the same time, it is also significant as showing the extent to which shogunate orders might be incorporated as part of the system of feudal clan law at that time.
- 関西学院大学の論文
- 1967-06-30
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