РИТУАЛ «ТЯКУДА-НО МАЦУРИГОТО» В ЯПОНСКОЙ СУДЕБНОЙ СИСТЕМЕ ЭПОХИ ХЭЙАН

Abstract

The article explores the chakuda no matsurigoto (literally “putting on shackles”) ritual in Heian Japan (794–1185), its evolution and specificity. Originally the ritual consisted only of putting shackles on a prisoner after the announcement of the verdict, and presented an integral part of the judicial system during the Asuka and Nara periods, but in the Heian era, the chakuda no matsurigoto ritual turned into a large-scale ceremonial action regularly performed in the 5th and 12th lunar months. It was a spectacle both for noble persons and for commoners, becoming a credential sign (proof) of the triumph of the law over iniquity; a symbol of dishonour for criminals (they were publicly put in shackles during the ritual on the market square of the capital) and a testimony of fair justice for those whose term of imprisonment came to an end (they were removed from the shackles right during the chakuda no matsurigoto and released). The chakuda no matsurigoto ritual in the Heian Japan underwent constructive changes at the end of the 10th century, turned into a kind of shameful punishment that pursued several main tasks. The ritual served as a message, informing people about the guilt of the criminals and the impartiality of the court verdict passed by them. By enhancing the visual and sound elements of the ceremony, the organizers of the chakuda no matsurigoto achieved the correct understanding of the essence of what was happening among those present, its maximum informative accuracy. The ceremony of liberation from the iron shackles in the presence of numerous observers served as an impressive symbol of the offender’s return to the world of law-abiding people, demonstrating the indisputability of the rule of law in the Heian state.