A history of the Japanese people : $b from the earliest times to the end of the Meiji eraBrinkley, F. (Frank)
History
A history of the Japanese people : $b from the earliest times to the end of the Meiji era
Brinkley, F. (Frank)
Japan -- Civilization; Japan -- History
The basic principle of the Daiho code was that the people at large,
without regard to rank or pedigree, owed equal duty to the State;
that only those having special claims on public benevolence were
entitled to fixed exemptions, and that not noble birth but
intellectual capacity and attainments constituted a qualification for
office. Nevertheless Japanese legislators did not find it possible to
apply fully these excellent principles. Habits of a millennium's
growth could not be so lightly eradicated. Traces of the old obtrude
themselves plainly from between the lines of the new. Thus the "Law
of Descent" (Keishi-ryo), which formed the thirteenth section of the
code, was a special embodiment of Japanese social institutions,
having no parallel in the Tang statutes, and further, while declaring
erudition and intelligence to be the unique qualifications for
office, no adequate steps were taken to establish schools for
imparting the former or developing the latter. In short, the nobles
still retained a large part of their old power, and the senmin
(slave) class still continued to labour under various disabilities.
That several important provisions of the Land Code (Den-ryo) should
have fallen quickly into disuse will be easily comprehended when we
come presently to examine that system in detail, but for the neglect
of portions of the Military Code (Gumbo-ryo), of the Code of Official
Ranks and Titles, and of the Code relating to the Meritorious
Discharge of Official Duties, it is necessary to lay the
responsibility on the shoulders of the hereditary nobles, whose
influence out-weighed the force of laws. It may indeed be broadly
stated that the potency of the Daiho code varied in the direct ratio
of the centralization of administrative authority. Whenever feudalism
prevailed, the code lost its binding force. In the realm of criminal
law it is only consistent with the teaching of all experience to find
that mitigation of penalties was provided according to the rank of
the culprit. There were eight major crimes (hachi-gyaku), all in the
nature of offences against the State, the Court, and the family, and
the order of their gravity was: (1) high treason (against the State);
(2) high treason (against the Crown); (3) treason; (4) parricide,
fratricide, etc.; (5) offences against humanity; (6) lése majesté;
(7) unfilial conduct, and (8) crimes against society. But there were
also six mitigations (roku-gi), all enacted with the object of
lightening punishments according to the rank, official position, or
public services of an offender. As for slaves, being merely a part of
their proprietor's property like any other goods and chattels, the
law took no cognizance of them.
OFFICIAL ORGANIZATION
Public-domain text, read in full here on John Shaqi.
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