Some Reflections on "Karita-Rozeki" (_??__??__??__??_)

Abstract

Listen

Translate article

In Japan's Middle Ages (C12-C14th), there were two kinds of infringement of property, known as "Tsuibu-rozeki" (_??__??__??__??_) and "Karita-rozeki" (_??__??__??__??_). The former consisted of taking by force movable property in the possession of another. The latter consisted of reaping under force of arms the rice (or wheat etc.) standing in a paddy field (or dry field) in the possession of another. Both of these kinds of infringement were forms of active self-help, based on the claim that the real right of ownership over the movables or fields belonged to oneself.Under the trial system of the Kamakura-Bakufu, both of these cases at first were dealt with by civil law. However, (1) "Tsuibu-rozeki" was carried out on the claim that movables in the possession of another were actually harvested from land belonging to oneself, and hence should revert to oneself. Therefore during the trial the right of landownership itself on which the conduct was based became the main point of dispute. It was because of this that through the Kamakura Period "Tsuibu-rozeki" was consistently as a matter of civil law. (2) "Karita-rozeki was the act of reaping forr oneself the rice (or wheat etc.) when it had ripened in anothers' paddy (or dry) field. The basis for this action was that the other person is in illegal possession of the fields, to which one originally had a genuine right ("Yuisho"_??__??_, lit. "title"). Since this case also was based on a dispute to the right of landownership, it used to be handled under civil law. However, this latter case produced many dead and wounded, and often upset the social order.It was because of this that the Bakufu changed the handling of this conduct from civil to criminal law in the 3rd year of Engyo (_??__??_) (1310 A. D.). Once "Karita-rozeki" was recognised as a crime, subject to criminal law, this made it easier to exercise police control and maintain peace and order.The Bakufu banned the form of self-help known as "Karita-rozeki", in response to the unstable social conditions of the early 14th century, and thus forcibly maintained the social order. However "Tsuibu-rozeki" continued to remain a matter for civil law. Thus although the Bakufu was strongly determined to maintain social order, it was unable to completely repress all forms of self-help by resort to force.