<Articles>Problems on the Law of Aska-Kiyomihara 飛鳥浄豊原律令

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  • <論説>飛鳥浄御原律令に関する諸問題
  • 飛鳥浄御原律令に関する諸問題
  • アスカジョウゴ ゲン リツリョウ ニ カンスル ショ モンダイ

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We will study the problem on editing and enforcement of the Law of Asuka-Kiyomihara 飛鳥浄御原律令 from the standpoint of history of laws and regulations, adding to the succession of law as a new point; which was actively discussed in the latter half of 1950's and since then has hardly been studied. This means the basis of general re-investigation about the forming process of Ritsuryo System 律令体制. Judging from the text of Kiyomihara Law 浄御原令文, which was reintegrated by the writer, Japan succeeded seperately the text of T'arg-Yung-Hui-Ling 唐永徽令, consulting the enforcement of Sin-Lo's 新羅 Ritsuryo System through the Ken Shiragishi 遣新羅使 after the Jinshin Rebellion 壬申乱, and at the time of editing the Kiyomihara Law finally it took over Yung-Hui-Lü-Ling 永徽律令 systematically. The direct caus of this editing and enactment was the movement that Sin-Lo established its rule by way of Ritsuryo System of King Wu-Lieh 武烈王 and at once joinsd itself to the T'ang's 唐 Ts'ê-Fêng System 冊封体制 as the representative of the Peninsula after the clearance of the T'ang army from the Peninsula. To win the race of the international position in the T'ang Empire against Sin-Lo the state constitution needed such an urgent adjustment that Kiyomihara Law was hastily enforced as a systematical law with provisions which diredtly succeeeded the T'ang System, on the ruling order in the formes individual provision of Ritsuryo 律令. Besides, we should re-investigate the editing process from the abovementioned viewpoint and re-evaluate the existence of the Law of Kiyomihara in the present stage of the study of Ritsuryo System and moreover, explain the difference of the part between the Law of Kiyomihara and that of Taiho 大宝律令 in the forming process of the Ritsuryo System.

Journal

  • 史林

    史林 53 (1), 1-31, 1970-01-01

    THE SHIGAKU KENKYUKAI (The Society of Historical Research), Kyoto University

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