<Articles>Realities of Legal Proceedings in the Late Kamakura Shogunate : The Application of Article Thirty-Five of the Goseibai Shikimoku and the Problem of Default

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  • <論説>末期における鎌倉幕府訴訟制度の実態 : 式目三五条適用裁許―欠席裁判の問題を中心に
  • 末期における鎌倉幕府訴訟制度の実態--式目35条適用裁許--欠席裁判の問題を中心に
  • マッキ ニ オケル カマクラ バクフ ソショウ セイド ノ ジッタイ シキモク

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Abstract

In regard to the realities of the legal proceedings in the late Kamakura Shogunate, it has been pointed out that there was a rise in legal authority and summary trials, and that reconcilation was frequently brought about. However, the thing which most characterized the legal proceedings of this period was the rapid increase in the incidence of judgement by default. This occurred because of an increase in the rejection of court summons by litigants. In order to cope with this problem, the Shogunate applied Article Thirty-Five of the Goseibai Shikimoku which had not been actively utilized since its enactment a half a century earlier. As a result, during the late Kamakura Shogunate, almost half of the trials were "judgement by default ". This problem occurred with regional differences and reflected the social contradictions and relationships of power in each area. Judgements by default occurred most often in Kyushu. In Kyoto and its neighboring districts and in West Japan, it occurred in distorted form. In eastern Japan it happened frequently in the boarder areas but not so often near Kamakura. Nevertheless, the occurence of these "judgement by default" suggests a common dissatisfaction and by investigating this we will be able to discover the reason that powers throughout Japan concentrated to overthrow the Kamakura Syogunate.

Journal

  • 史林

    史林 73 (2), 198-237, 1990-03-01

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

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