新制の研究 : 徳政との関連を中心に

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This paper is a study of Shinsei (law re-constitutions), especially Kuge-Shinsei (公家新制), from the 10th century to the 14th century. The author considers the question of Shinsei from the aspects of the occasion and process of promulgation, enforcement, and its promulgators. The results of this examination are as follows. (i)Shinsei was promulgated as Tokusei, or beneficent government by the Tenno (天皇), from as early as 12th century. The reasons for the promulgations included the appearance of comets, the occurrence of earthquakes, 辛酉革命説 -the theory of chinese forecast, famines, epidemics, and changes of the Tenno. Therefore, the promulgation of Shinsei was considered one means for getting rid of such misfortune in those days. (ii)Shinsei was first discussed among the Kugyo (公卿), before it was promulgated by the Tenno. This conference was composed of seven members of the Kugyo, and the Sessyo (摂政) or Kanpaku (関白) led the discussions. (iii)Shinsei was promulgated as an official document, Senji (宣旨), and enforced by other official documents, which included Daijo-Kanpu (太政官符) to local governments, Daijo-Kancho (太政官牒) to Buddhist temples, and Kan-Senji (官宣旨) to shrines. In the Kamakura period, Shinsei was first only enforced by the Bakufu, but from 1261 the Bakufu itself began to promulgate Shinsei. Shinsei created by the Bakufu, Buke-Shinsei (武家新制) or Kanto-Shinsei (関東新制), were promulgated by the Shogun (将軍) in the periods of Yoritsune (頼経) and early Munetaka (宗尊), however, from 1261 it was taken over by the Hojo family (北条氏), or Shikken (執権). (iv)Shinsei had two essences ; the law of the central government and order in the reins of government. The former changed with time, but the latter remained unchanged. The law of the encouraging frugality was a major aspect, such that from the end of the Kamakura period, Shinsei came to mean a call for more economic lifestyles.
1987-01-20

著者

稲葉伸道
名古屋大学文学研究科

新制の研究 : 徳政との関連を中心に

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