Japan In World France Dynasty

This thesis is composed of five chapters, besides preface and concluding remarks. The author mainly discusses three issues in the part of preface. First, by analyzingthe origin of the concept "Middle Ages" in Japan, this section points out its specialhistorical consciousness in order to show that the relationship between learning andepoch really exists. The traditional doctrine of legal history emphasizing "theadvanced consciousness of right and rule of law in the period of Lian cang" embodiesthe historical consciousness mentioned above. As a branch of history, legal history,when starting to take form, evidently presented this kind of consciousness. Second,the preface also relates to the influence of 19th century German special methodologyon Japanese legal history. Meanwhile, it uncovers the shortcomings of Japanesepre-modern legal systems affected by the Japanese traditional legal history doctrines.Third, it introduces the opinions of the academic circle of legal history incontemporary Japan, namely the rethinking of the traditional doctrines. Finally, thefundamental ideas and structures of the thesis are also involved in this part. The first chapter mainly concerns the basic structure of Japanese regime inMiddle Ages. A state with statute-decree legislation is the precondition of Japaneseregime in Middle Ages, and it is also the earliest bureaucrat centralized state in Japan. From ancient Japan to the Middle Ages, although changed in nature, the systemof statute-decree legislation lasted for a long time and played a very important role inthe state history of Japan. While in Middle Ages, there were two centers in theJapanese regime because of its dualistic formality. With the gradual breakup ofstatute-decree legislation system, the Dynasty State which core was the imperialgovernment came into being. As a result, the Dynasty State became one of the earliestforms in Japan in Middle Ages. Through flexible interpretations of the jurists, statute-decree legislation became acentralized legislation. Beyond the imperial government, the first military regime withthe center of shogunate was thus set up in Japan. Consequently, the characteristics of IVJapanese national regime lie in the mutual contend and mutual dependence betweenDynasty State and Lian cang shogunate. This state regime is special considering theconnection of bureaucratic establishment and principle-subordinate systems. Chapter two relates to the law and judgment in the period of early Lian cangshogunate. At the beginning, the law of shogunate was not so mature and the statutehad not yet appeared. So, the judgment in this period primarily based on militarycustoms and precedents. The judgments were divided into two types. First, somejudgments were used to settle the disputes between the family members, and tomaintain the inner order of the military powers. Second, other judgments were appliedto settle the disputes between feudal lords and family members, which belong topolitical negotiations among the powers. Additionally, the principle-subordinate systems severely constrained the functionof these judgments, which also became a basic characteristic of the litigation systemin early shogunate. When there was no national power to force the execution of thejudgments, whether to implement the judgment or not would depend on the consentsof the parties. So, it is evident that the lack of institutional assurance discounts theeffect of the shogunate judgment. Chapter three regards the law and judgment in the period of middle Lian cangshogunate. In this epoch, the law of Lian cang shogunate came to be a public powertype. Facing the judgment of the shogunate, feudal lords and family members had theequivalent status. But concerning the public-power law, there was still a limitation. Itcould not criminate the people who were not the family members. Besides, the judgments themselves were not always certain. At the s...