Japan Society for the Promotion of Science:Grants-in-Aid for Scientific Research
Date (from‐to) : 2019/08 -2021/03
Author : KUROSE Nina
This study has researched the litigation process in medieval Japan (mainly the 11-14th centuries). Analysis of the utilization of human ties (social belonging and relationships) in accessing the court and of the discussions in court on the ways of filing an action has revealed the followings:
The first is the effectiveness of re-understanding the "HONJO-HOUTEI SHUGI (superiors'/proprietors' court principle)." Existing literature proposed this concept as a judicial principle in the 11th and 12th centuries. However, I suggest shifting the viewpoint and seeing it dynamically.
Second, I have observed a concrete image of lawsuits from a case in the 13-14th centuries, which seems very close to political petitions. Also, there was an inconsistency between the behavioral pattern when the parties secure or utilize various social relations that can be the routes to the court and the normative recognition regarding where to file a complaint.