金文から見た西周時代の裁判制度 : 西周王朝の実態の解明のために

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There are some bronze inscriptions of the Xi-Zhou 西周 period that concern contracts and the legal disputes. Through such inscriptions, the author studies the judicial organs and the actual circumstances of the rule exercised by the Xi-Zhou dynasty. First, mainly through Wu-si-Wei-ding 五祀衛鼎, he examines judicial procedure. We know these bronze inscriptions have their limits as historical sources, because they were written by the side who won the dispute and thus do not contain all the informations about the litigation ; but we can see the basic organs involved. Moreover, the form "A似L告" means according to author, a statement of the plaintiff to other people. Secondly, mainly through Hu-ding 〓鼎, the author considers the nature of judicial organs. At that time, there was no full-time court or judicial offices. If someone wanted to sue, he had to do it before his lord. Third, mainly through Mo-niu-yi 牧牛〓, the author deals with criminal punishment in the Xi-Zhou period. We can find some aspects of the principle of "nulla poena sine lege", but punishment was not severe. If the decision was made to punish, it was often a advantageous decision for both sides, the plaintiff and the accused. The author concludes that in the Xi-Zhou period legal judgements were made by the lords according to their power and authority, but they tried to make their decisions paternalisticaly. The Xi-Zhou dynasty had no firm legal system, as described in the Zhou-li 周礼, It was organized and maintained on a small community level, and so it had no strong authority over of China as a whole.
財団法人史学会の論文
1994-08-20

金文から見た西周時代の裁判制度 : 西周王朝の実態の解明のために

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