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タイトル: | 笞杖の變遷--漢の督笞から唐の笞杖刑 |
その他のタイトル: | The transition of whipping, from the Han Dynasty to the Tang Dynasty |
著者: | 冨谷, 至 |
著者名の別形: | Tomiya, Itaru |
発行日: | 25-Mar-2010 |
出版者: | 京都大學人文科學研究所 |
誌名: | 東方學報 |
巻: | 85 |
開始ページ: | 77 |
終了ページ: | 106 |
抄録: | Punishments had five levels in the Tang Code. They were, beginning with the most severe, capital punishment, banishment, compulsory labor, beating, and whipping. Beating and whipping were applied to misdemeanors in general. But in the Han period, they were not formal punishments prescribed in the Han Code, but were used as sanction or admonition. That is to say, they didn’t belong to the category of punishments, which were based on the principle of mutilation. Although they were applied as an admonition in the case of additional penalties, beating and whipping did not have their own positions as light punishments. And the reason why there was no difference in carrying out beating and whipping was that they were not in the category of punishments in the Han dynasty. From when did beating and whipping gain formal position as punishments below the death penalty, banishment and compulsory labor? Why could they change the character of a sanction as admonition to the formal punishments as the five kinds of punishments in the code? This is the main theme of this article. The establishment of the punishments of beating and whipping originated in the Wei (北魏) Statutes of 481 AD. It was a departure from the system of punishment under the Han, and the start of establishing a syncretic system of punishment based on Chinese and nomadic systems. |
DOI: | 10.14989/131789 |
URI: | http://hdl.handle.net/2433/131789 |
出現コレクション: | 第85册 (創立八十周年記念論集) |
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