"Hatto", the Bunkoku Code of the Sengoku-Daimyo in Japan : Compared to the Codes of China

菅原 正子, Sugawara Masako

doi:10.15002/00008630

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Other Title

戦国大名の「法度」と分国法 : 中国の法典と比較して
センゴクダイミョウノ「ハット」トフンコクホウ : チュウゴクノホウテントヒカクシテ

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Description

This paper attempts to reconsider the established theory that the Bunkoku (Province) code of the Sengoku-Daimyo (warring lord) in Japan was enacted for the purpose of dominating the local population. Investigating the 10 Bunkoku codes that have been handed down, the majority call themselves “Hatto(法度)”, which meant law in China. Although the Ming dynasty in China, which existed at the same time as the Sengoku period in Japan, governed people by means of criminal law and punishments, the Bunkoku code does not contain many criminal laws; they amount to half or less than half of all the laws. In addition, concrete punishments are hardly ever specified. This suggests that the Bunkoku code did not wield so much power over people. Some Bunkoku codes clearly describe their purpose as being to prevent favoritism and arbitrary rulings in court. The nature of each Bunkoku code is more or less peculiar to the specific Sengoku-Daimyo and his province, and this also seems to be one of the reasons why a Daimyo chose to enact his own code. The Bunkoku codes were enacted to give fair and fitting rulings in court. In particular, the provision of a fair trial was their most important aim．

Journal

経済志林

経済志林 80 (3), 77-97, 2013-03-15

法政大学経済学部学会