Online dictionary of history and traditions in Japan: law

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17 article constitution

十七条憲法 十七条の憲法
alternative words: Seventeen article constitution, Jushichijo no kenpo, Jushichijo no kempo
keywords: law
related topics: Prince Shotoku , Asuka period
related web sites: http://www.246.ne.jp/~s-sampei/17kenpou.html , http://www.geocities.co.jp/SilkRoad-Desert/8918/17zyoukennpou.html
explanation: Promulgated in 604 by Prince Shotoku, it is considered the first Japanese written law. Based on Buddhism and Confucianism, it recommends state officials to work in harmony for a good of the nation. Though called "constitution", the naming is fortuitous and it has no relationship with the constitution of a modern nation.

Buke shohatto

武家諸法度
alternative words: Bukeshohatto, Bukesyohatto, Law for daimyo, Law for military houses
keywords: law
related topics: Sankinkotai , Edo shogunate , Edo , Daimyo , Kaieki , Siege of Osaka castle
related web sites: http://www2u.biglobe.ne.jp/~k-hina/bukesyohatto.htm , http://www.lint.ne.jp/~meirokun/masanori.htm
explanation: In 1615, after the fall of Toyotomi family, Tokugawa Hidetada assembled all the daimyo at Fushimi castle and dictated Buke shohatto law. Composed of 13 articles, the content was as followings: ban to hide traitors, ban to build or repair castles without authorization, ban to marry among them without authorization, sankinkotai (bi annual trip between Edo and their feud) etc. The number of articles became 19 during the reign of Tokugawa Iemitsu by restricting the tonnage of ships.

Gekokujo

下克上
keywords: law
related topics: Nanbokucho period , Muromachi period , Sengoku period
explanation: Initially all the samurai leaders had stemmed from aristocrats. From Nanbokucho disturbance in early 14th century, Japan plunged into a long civil war until the late 16 century. During this period, many farmers were part time warriors and talented people could become a leader of troops without consideration of social rank. This situation pushed ambitious to betray their boss to become themselves seigniors. This lawless state in Japan was called Gekokujo, i.e. "lower (rank) beats upper (rank)"

Goki shichido

五畿七道
alternative words: Gokishichido, Goki shichidou, Gokishichidou
keywords: law , state
related topics: Ritsuryo system , Kuni
explanation: Geographic division of Japan in Ritsuyo system. 5 kuni around the capital were grouped in Goki or 5 ki (ki means place directly administered by emperor) where the farmers were exempted from the tax in exchange with a labor force while the provinces were grouped in Shichido or 7 roads where relays along the main roads were installed to ease official travels. Goki were Yamato, Yamashiro, Settsu, Kochi and Izumi while Shichido were Hokuriku, Tosan, Tokai, Sanin, Sanyo, Nankai and Saikai.

Han


alternative words: Fief, Feud, Domain
keywords: law
related topics: Edo period , Koku , Daimyo , Kuni , Shinpan , Tozama , Fudai
related web sites: http://www.asahi-net.or.jp/~me4k-skri/
explanation: During Edo period, there existed about 300 seigniors of whom richness surpassed 10,000 koku (Daimyo). Their individual territories were called "han" and administered by their own laws. The system is comparable with Germany before its unification in 1871. Some seigniors were rich such as "Kaga han" which received 1 million koku and controlling the actual 2 prefectures, but most of them received less than 30,000 koku and their territories surpassed rarely one county.

Harakiri

切腹 腹切り
alternative words: Seppuku, Hara kiri
keywords: law
related topics: Sengoku period , Edo period , Bushido
related web sites: http://www.mm-taiga.com/genrock/service/taiga/top/g_club/daigaku/20/fu20_15.htm , http://members.tripod.co.jp/yanparayanyanyan/index-5.html
explanation: Suicide method practiced by samurai, which consists to cut off his own abdominal. During Sengoku period, harakiri was considered a way to show the courage when his lost a battle. When a peace arrived with Edo period, it was formalized and became a kind of punishment for samurai. In this case, the jailer cut off the head of a condemned, when the latter began just a gesture. The last famous harakiri is committed by a Japanese novelist Mishima Yukio in November 1970.

Kaieki

改易 除封 断絶 取り潰し
alternative words: Jofu, Jofuu, Toritsubusi, Suppression of daimyo, Declassment of daimyo, Dismissal of daimyo
keywords: law
related topics: Buke shohatto , Daimyo , Samurai , Ronin , Toyotomi Hideyoshi , Edo shogunate
explanation: The most severe punishment applied to samurai which consists to suppress their feuds. Usually applied when samurai had lost a war, Toyotomi Hideyosh used it for political reasons such as incompetence. Tokugawa Hidetada codified the conditions of kaieki for daimyo by creating Buke shohatto law. The famous example is kaieki of Fukushima Masanori: he lost his feud after modifying his castle without authorization. After a huge increase of ronin due to kaieki, Edo shogunate became more clement.

Koku

石高
keywords: law
related topics: Edo period , Daimyo , Toyotomi Hideyoshi
explanation: Old unit to measure the volume of cereals or liquid. 1 koku is about 180 L and it is a merit of Toyotomi Hideyoshi to give a precise definition of this unit. An adult consumes about 1 koku of rice in a year. The rice being the principal food of Japanese, this unit was especially used to quantify the wealth of seigniors (daimyo). For example, Tokugawa shogun owned 8 million koku corresponding to 1 quarter of Japanese rice production at the beginning of Edo period.

Kuni


alternative words: Country, State, Nation, Province
keywords: law , state
related topics: Ritsuryo system , Kokushi , Shugo , Han , Kuni no miyatsuko , Goki shichido
explanation: As any other languages, Kuni has 2 meanings: "nation" as a whole and its regional units, province. Due to her isolation, Japan used frequently the second meaning in the past. Under Ritsuryo regime of 8th century, Japan was divided into 58 kuni and 66 kuni under Engishiki of 10th century. Initially kuni was administered by kokushi appointed by Yamato court then by shugo appointed by Kamakura shogunate but they lost gradually power and han administered by daimyo became regional units.

Kuni no miyatsuko

国造
alternative words: Kuninomiyatsuko, Kuni no miyakko, Kuninomiyakko, Kokuso
keywords: law , state
related topics: Kuni , Kokushi , Ritsuryo system
explanation: Literally "country creator", it designates the governor of kuni (regional province) before a replacement by kokushi under Ritsuryo system of 7-8th centuries. Issued from families surrendered to Yamato court during the unification process of Japan or descents of Yamato court's princes who had replaced the resistant powers, there had been more than 100 "kuni no miyatsuko", i.e. kuni had been smaller. Under Ritsuryo system, most of them became county governor (Gunshi).

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