健訟の地域的イメージ : 11〜13世紀江西社会の法文化と人口移動をめぐって

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  • The image of the regions of litigiousness : on legal culture and demographic movement of the eleventh through thirteenth century Chiang-hsih societies
  • 健訟の地域イメージ--11～13世紀江西社会の法文化と人口移動をめぐって
  • ケンショウ ノ チイキ イメージ 11 13セイキ コウセイ シャカイ ノ ホウ ブンカ ト ジンコウ イドウ オ メグッテ

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From the eleventh to the thirteenth century Chiang-hsih, including the eastern part of Hunan, was famous both for its unique legal education, and for its litigiousness. MIYAZAKI Ichisada has attributed this to cultural influences, while OSAWA Masaaki points to the desire for money stimulated by movement of wealth. But this article demonstrates that there are many materials which show the importance of demographic movements. Analysis of appropriate censuses shows that Chiang-hsih, Fukien, and Hunan exhibit the fastest population growth and that within Chiang-tong, Chian-hsih and Hunan, Jao, Chin, Yen are included in the areas of most rapid growth. These places are also famous for litigiousness. And in these places, there was an exceptional legalism, not rule by law, but something exceptional in traditional China, that embarrassed magistrates. Rapid population expansion and immigration into limited space caused rocketing land prices. People became willing to spend more money to obtain a piece of land, which was conceived by the mandarins as litigiousness. The collapse of the moral economy as a result of immigration may have increased the cost of land transactions, and encouraged people to seek solutions through lawsuits.

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