The Legislative Process of the Kamakura-Bakufu Government's Law

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Other Title
  • 鎌倉幕府法の制定過程について
  • カマクラ バクフホウ ノ セイテイ カテイ ニ ツイテ

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Abstract

Regarding the legislative process of the Kamakura-Bakufu Government's Law, nothing more than the general explanation "being legislated through the discussion of Hyojoshu (_??__??__??_)" is known.<BR>The purpose of this article is to clarify the concrete process of legislation of the Kamakura-Bakufu Government's Law. Firstly, this article takes notice of the Re-abolishment of Human Traffic executed from 1239 to 1240 (_??__??__??__??_-_??__??_).<BR>Consequently, this article presumed Tsuikaho (_??__??__??_) item 112 (contained in volume I of Chusei Hosei Siryoshu (_??__??__??__??__??__??__??_)) was the Mandokoro (_??__??_)'s draft and item 111 was Hyojokotogaki (_??__??__??__??_).<BR>Accordingly, the Mandokoro (_??__??_) was ordered to make draft of Reabolishment of Human Traffic by the Bakufu.<BR>Then this draft showed it was discussed and settled by Hyojo (_??__??_).<BR>And then this article clarified that this series of law contained in Chusei Hosei Siryoshu enacted as an attachment of Tokusei Rei (_??__??__??_) in 1297 (_??__??__??__??_) was the draft of Monchujo (_??__??__??_).<BR>And those laws shown to make draft was ordered by the Kamakura-Bakufu Government.<BR>Lastly, referring to Eninsannenki (_??__??__??__??__??_), this article examined the whole process from the beginning when an organ of the Kamakura-Bakufu Government was ordered to make draft by Tokuso (_??__??_) until the law was legislated.

Journal

  • Legal History Review

    Legal History Review 1998 (48), 1-34,en3, 1999-03-30

    Japan Legal History Association

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