新集科律
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概要
- 論文の詳細を見る
Shinsyu-Karitsu, made up of ninety-five articles of sixteen volumes, is the criminal law of the Luchu Islands enacted in 1831. The preface says it is an addition to the first penal code, "Karitsu" (科律) of the Ryukyus monarchy enacted in 1786, and that the original and the addition must go hand in hand for the validity of the law. The fact was that since the enactment of the first law it was found that its provisions were too few to cover the varieties of actual criminal acts which caused frequent questions about the application of the law. It became necessary to codify all those modifications and amendments yearly accumulated, and the collection finally took the shape of "the New Penal Code". The form of expression of the additional code is the same as the original, that is, an old-fashioned epistolary style of writing in Japanese syllabary together with Chinese characters. But on the whole the style is so simple that it may be called even businesslike. With the compilation of "Shinsyu-Karitsu" the Ryukyus came to have 202 provisions of the criminal law. The number was.thought to be too large for such a small monarchy, and the compilers had to remark that the code should not be enlarged further. They also refer here and there to the purport of the code that it aims at the arrival of a crimeless society in the end. Moreover, considerable attention is paid to the effect that a penalty should not be too heavy, and accordingly the punishment is mostly nonrestraining.
- 横浜国立大学の論文
- 1964-12-19