南宋判語所引法の世界

Abstract

There is a wealth of records on court judicial rulings from the Southern Song as represented by those in the book of judgment with the title Minggong Shupan Qingming ji 名公書判清明集. And, there are two conspicuous aspects of these records. First, judicial trials of the Southern Song differed from their Ming and Qing counterparts in that many laws were cited; and second, more "civil law" were are found than the Ming-Qing codes 律 and sub-statutes 條例. However, relying on extant legal records, the Xingtong 刑統, Tiansheng Decrees 天聖令, Qingyuan fashilei 慶元條法事類, which are chiefly limited to the codes. But it is difficult to know the entire scope of these laws. Thus in this study, I attempt to reconstruct the overall legal structure that was actually employed in the Southern Song by following the work of Niida Noboru 仁井田陞, Hsu Tao-Lin 徐道鄰, and Wang Zhi-Jiang 王志強 and collecting citations of the laws noted in these judicial trials. In terms of procedure, I explored a criteria to classify this compilation and came up with a method that was close to that employed in the Qingming ji 清明集. From the entire corpus of extant judgments, I documented existence of more than 200 laws and following this criteria I organized them into 174 clauses 條 after further classification and analysis. These were then divided into four categories 門 and two of which were further subdivided into nine sections. Analyzing these, I found the codes 律 and decrees 令 from the Tang through the Northern Song were restricted to laws dealing with basic morality and criminal cases. On the other hand in sections on "Land Transactions" 田, "Labour Service" 役, "Division of Family Property" 産, and "Adoptions" 繼, it is clear that there were many new laws that had not existed prior to mid-Northern Song times. In short, the codes 律 and statutes 令 that had been inherited by the Northern Song did not differ much from those in the Tang as a result of amendments to the laws by regulations 格 and edicts 敕 from late-Tang times onward. However, the result of the collapse of the equal-field system meant the revival of the private ownership of land and the freedom of people to make transactions, and inheritance and division of land come to be practiced. Most of the laws noted above appeared in response to these political and economic changes. In other words, this reality indicates that the profound impact of the Tang-Song revolution extended to the law.