中世後期の集団間紛争の解決における「罪科の成敗」 : 住宅破却・焼却の「成敗」を中心に
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In this paper, the author aims to clarify the criminal conflict resolution zaika no seibai (punishment of crimes) during Japan's late medieval period through accommodation, adjustment, and regional arbitration of inter-group conflicts. Specifically, after identifying the different types of conflict resolution, this paper focuses on the seibai form, which involved the demolition or burning down of the injuring party's dwelling. In addition to analyzing the manner in which crimes were handled, the relationship between these practices and criminal conflict resolution by public authorities during the late medieval period is explored. The results are as follows. 1. In conflicts during this period, accommodation sometimes took on the character of a criminal proceeding: an accommodation was reached between the injured party's group and the injuring party's group, in which the injuring party's group inflicted a punishment (seibai) on the injuring party for the crime. According to the countervailing logic of this form of accommodation, punishment of the injuring party by the injuring party's group was seen as equivalent to revenge for the crime by the injured party. 2. The accommodation ritual of geshinin to kemuri, which entails the burning down of a dwelling, is different from the form of accommodation and conflict handling described in (1). In this form of accommodation, the injuring party was not excluded from the group to which he belonged. Also, in this form of accommodation, the countervailing logic behind the injured party's revenge was considered fundamental-an attempt was made to establish accommodation by diminishing as much as possible the legitimacy of exacting revenge, and compelling the injured party to accept the injuring party's apology. Accordingly, this form of accommodation sought to abjure any examination of the injuring party's offense. 3. These two forms of accommodation both tended to handle offenses in the context of conflicts between small groups or interested parties; that is, these crimes were not perceived as crimes against the social order as a whole. However, amid this prevailing tendency in the latter half of the 16th century, the ikki (league) of the local lords of Omi Province, presumably on the grounds of a violation of the social order of the region as a whole, punished an entire self-governing village (soson) that had resorted to military force. As the representative of these local lords, the vassal corps of the sengoku daimyo Rokkaku family, entered into the Rokkakushi-shikimoku, the legal code of the daimyo, which punished self-governing villages that resorted to military force in conflicts. This suggests that the drive toward criminal conflict resolution by public authorities in the late medieval period was at least partially a response to demand from local venues of conflict resolution.
- 2010-03-20
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