<研究ノート>『令集解』における「今行事」の再検討

Abstract

The aims of this study are first to confirm the meaning of the tem "ima no gyouji" in Ryo no shuge and clarify the changes in the consciousness of legal scholars as seen in interpretations of the ritsuryo codes from the mid-Nara to the early-Heian period. Ryo no shuge is a privately compiled collection of commentarial writing on the administrative code, ryo, and contains not only the commentary from official Ryo no gige but also juxtaposes it with various commentaries of scholars of the law. The term "ima no gyouji" that is found in the commentaries of the scholars was used as a historical source that indicated the current circumstances and standard practice within the bureaucratic offices of the time. In my view, the use of the term "ima no gyouji" was a method for establishing an argument by legal scholars to interpret the administrative code, and use of the term functioned to supplement and strengthen their own theories. The commentaries within the Ryo no shuge that chiefly used the method of referring to "ima no gyouji" were the Koki, which is from the Nara period, and the Anaki, from the early-Heian period. The aim of the Koki in enlisting the term "ima no gyouji" was to contrast the current situation with meaning of the law (or codes) as understood by the author. In contrast to this method of arguing critically to clarify the meaning of the law, the aim of the Anaki in using this method was to broaden the author's own exegesis and fortify the gist of his argument. Thus there was a gap between the period of the Koki, immediately after the institution of the ritsuryo codes, and the period of the Anaki whose explications of the codes were not limited to the ryo alone but which were organically linked to the supplementary regulations, kyaku, and procedures, shiki when treating the ryo.