<論説>「刑法草書」を中心とした熊本藩の刑罰體系について
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Already much has been talked about the 'Keiho Sosho, ' the penal code layed down in 1754 by the Kumamoto-han government. It was unique among the penal codes drafted in those days by other 'han' governments, in that it had the following two distinctive features : (1) While most of the penal codes of other 'han' followed the pattern of the Shogunate government's 'Kujigata Osadamegaki, ' or the Official Duties Regulations, this one was modeled on the codes of the Ming and the Ching dynasties of China. (2) While banishment, with its various drawbacks, was the principal punishment in other penal codes, the 'Keiho Sosho' had so early abolished it and in its stead adopted a form of punishment which foretold the modern penal servitude, in which the convict was detained in a labor house to serve his term. With such a penal code alone, the Kumamoto-han held a very prominent place in the history of the criminal law during the Tokugawa period. But it was also remarkable for its other penal and juridical systems. In this article, Mr. Yohei Yaezu, in his attempt at paving the way for a synthetic study of the history of the criminal law of the Kumamoto-han, reviews the process in which the free punishment developed from banishment to penal servitude, in the following chapters : (1) The earlier penal system. (2) The penal system at the time of the drafting of the 'Keiho Sosho.' (3) The new penal system introduced by the "Keiho Sosho."
- 関西学院大学の論文
- 1957-12-25
関西学院大学 | 論文
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