Han Era Research Articles

THE RECTANGULAR LAND-ALLOTMENTS AND THE FIELD SYSTEM IN ANCIENT NORTH CHINA

According to the studies of settlement-geography both in Japan and Western countries, the allotments of land are seen through all ages. This is true of the field system in North China. The 1/10, 000 map of China tells, for instance, the predominance of the road net-work of rectangular pattern in those old areas around Loyang and Changan where we witnessed the earlier occupations of the Chinese race. It must be admitted, however, that the flooded plains along the Yellow River were an exception to this rule. We can not exactly tell when it came into being, but the irrigation studies in China make us sure about the existence of the canals in the Ch'in and Han Dynasties (300 B. C. -100 B. C.) or even in earlier ages. Moreover, we have evidences that these canals came down to the present day in spite of the vicissitude of destructions and restorations. In the Chou-li (_??__??_), a publication around 1000 B. C., the word fu (_??_) is identified as a ninth section of a rectangular land which was called ching (_??_), the area being 300pu ×300pu. The words i (_??_) and ch'in (_??_) are respectively the names of the greater sections, each being the mosaic multipli-cation of the ching. These areas are surrounded by canals and roads and are measured by trial or quartal or sometimes decimal system. Accordingly the ching-t'ien system in its original plan is supposed to be based on quartal (S Plan) or on decimal system (S Plan), the selection being dependent on the situation. The land allotment of the Twelve Canals (_??__??__??_) in the valley of the Chang-ho River was made in the Wei Dynasty. This is what we call the S Plan and is arranged by twelve rectangular ching, which is respectively surrounded by the irrigation canal. The ch'in-mo system (300 B. C.) in the Ch'in Dynasty was based on the S Plan and the land system (200 B. C.) in the Han Dynasty on the S Plan which was very similar to the Roman centuries. The transformation of the S Plan into the S is already evidenced in the Ch'in Dynasty. Therefore, untenable is the thesis that the traditional ching-t'ien system was destroyed and given place to the newly-established ch'ien-mo system in the Ch'in era. On the other hand, the continuance of the land allotment system of the Ch'in down to the Han era is also evidenced by the measuring method. The large scale of Ch'in was applied to the S Plan, while the small scale of Han to the S Plan. The difference between both scales is only 0.2. So it is supposed that both plans are quite similar when they were put into practice. Now in Ts'ao-Wei era which succeed to the Han dynasty, the distance between the canals is 300pu. Probably these are modifications of the Twelve Canals of the Wei Dynasty. Moreover, the plan of e Twelve Double Canals was partly applied to the new settlement at T_??_ng-ai. Judging from the continuance of land allotment in Chinese history, we can fairly guess at the mainte-nance of measuring method, which kept the allotment intact. The rate of change of the area-measurement, 1mu=100pu×1pu (in Chou) →200pu×1 pu→240pu×lpu (in Ch'in and Han) is the same that of the change, 1li=300pu×300pu (in Chou)→360pu×360pu (after Ts'ao-Wei), which is 1. 2. These facts lead us to the conclusion that the form of arable land in ancient China was formally based on both Kurzstreifenflur and Langstreif enflur and here we can see the characteristic farming in North China. It is noticeable, however, that the form of arable land in the jori system, the Japanese counterpart of the Chinese institution, was changed into the Blockflur where the paddy field was practiced.

Opinions on the old Japanese Law-including some views on Chinese legal history

This is a treatise describing the development of legal concepts in Japan. It is divided into ten sections, each of which is independent. But if they are read through, Dr. Nakada's view on the development of legal concepts in Japan becomes clear.Up till the medieval times, adjudications of the law court had legal force and were contrasted with the enacted law. Popular customs were also a kind of norm other than the positive law till the middle of the medieval times. In the latter half of the medieval times, the customary law was called Minkan-no-Taiho (popular great law) contrasted with Tenka-no-Taiho (public great law). But in the Tokugawa Shogunate era, these three forms of law were unified into the single concept of "Taiho".What has been stated above is the conclusion reached by Dr. Nakada in this description of history of development of the legal concepts in Japan (Cf. the ninth section). In other sections, however, Dr. Nakada gives his suggestions on various problems of legal history.In the third section, Dr. Nakada discusses the development of the system of. penal (lü _??_) and non-penal (ling _??_) laws in China. In the Ch'un-ch'iu era, hsing-shu _??__??_ (document of penalty) was the criminal law that defined the grave crimes and provided penalties for them, while chiao-ling-chih-shu _??__??__??__??_ (document of discipline) was the supplementary laws which were enacted whenever necessity arose, Dr. Nakada explains. He advances to say that the former was codified into lü and the latter into ling in the Han era. But ling was still supplementary to lü. Dr. Nakada further explains that ling was separated from lü in the Chin era acquiring an independent position and that it became the non-penal code.The fourth section says that Imanogyoji (_??__??__??_) and Rei (_??_) of the ritsu-ryo period were the laws enforced by the government agencies in conformity with Horei (_??__??_).The first section advises those who want to study the old Japanese law in connection with politics not to forget that the principle of Tokuji(_??__??_) (moral influence of the ruler) was not the essence of the dictatorship in the ancient Japan but only one attribute of it. Dr. Nakada says also in the seventh section that the Chinese law and the Japanese law were not examples of government through moral influence, though some believe so.The seventh and the tenth sections say the lack of clear consciousness of right in the old Japanese law does not indicate that the people willingly subjected themselves to the moral influence of the ruler but that the law was imposed on the people by the ruler in their own interests. Dr. Nakada points out that the law was not created by the people themselves. (Ryosuke Ishii)A Sumerian Record of Criminal ProcedureKeikichi HaradaThe New York Times in its March 12 issue in 1950 reported on the archaeological finds obtained in the excavation at Ras Shamra in Syria. The Manchester Guardian in the March 4 issue of 1950 gave some account on one of the clay tablets excavated at Nippur of Sumer. Late Professor Keikichi Harada makes a brief comment on these two newspaper reports. He surmises that the clay tablet is the same one as what is usually called " di-til-la" (finished procedure). This is the last manuscript written by Professor Harada, who passed away on September 1, 1950. The professor intimated his intention to make the manuscript public several days before his death.