ritsuryō

is the historical legal system based on the philosophies of Confucianism and Chinese Legalism in Feudal Japan. The political system in accord to Ritsuryō is called "Ritsuryō-sei" (). ''Kyaku'' () are amendments of Ritsuryō, ''Shiki'' () are enactments.

Ritsuryō defines both a and an .

During the late Asuka period (late 6th century – 710) and Nara period (710–794), the Imperial Court in Kyoto, trying to replicate China's rigorous political system from the Tang dynasty, created and enforced some collections of Ritsuryō. Over the course of centuries, the ''ritsuryō'' state produced more and more information which was carefully archived; however, with the passage of time in the Heian period, ''ritsuryō'' institutions evolved into a political and cultural system without feedback.

In 645, the Taika reforms were the first signs of implementation of the system.

Major re-statements of Ritsuryō included the following:

* '' Ōmi-ryō'' (, 669) – 22 volumes of administrative code, of disputed existence
* '' Asuka-kiyomihara-ryō'' (, 689) – 22 volumes of administrative code
* '' Taihō-ritsuryō'' (, 701) – of major influence, 11 volumes of administrative code, 6 volumes of criminal code
* '' Yōrō-ritsuryō'' (, 720, enacted in 757) – 10 volumes of administrative code, 10 volumes of criminal code, revised edition of the ''Taihō-ritsuryō''

Main achievements

Government and administration

In the later half of the seventh century, the was introduced, dividing the regions of Japan into several administrative divisions.
*
*
*

In 715 CE, the was introduced, resulting in the following.
*
*
*
*

This system was abandoned in 740 CE.

Centralization of authority

The ritsuryō system also established a central administrative government, with the emperor at its head. Two departments were set up:
*The Jingi-kan (, Department of Worship), in charge of rituals and clergy
*The Daijō-kan (, Department of State), divided into eight ministries.

Posts of those public Departments were all divided into four ranks ('' shitō''): ''kami'' (), ''suke'' (), ''jō'' () and ''sakan'' (). This ubiquitous pattern would be replicated consistently, even amongst members of the court whose functions had little to do with those kinds of powers and responsibilities which are conventionally associated with governing. For example:

;Court musicians
* .Titsingh, Isaac. (1834)
''Annales des empereurs du japon,'' p. 429.
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* .Titsingh
p. 430.
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* .

;Court pharmacists
* .Titsingh
p. 434.
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Establishment of court rank

A global system of ranking for all public posts ( ''kan'', ''kanshoku'') was introduced with over 30 ranks ( ''i'', '' ikai''), regulating strictly which posts could be accessed by which rank. Ranking was supposed to be mostly merit-based, the children of high-ranking public officials were nonetheless granted a minimal rank. This provision ( ''on'i no sei'') existed in the Tang law, however under the Japanese ritsuryo ranks for which it was applied were higher as well as the ranks obtained by the children.

The highest rank in the system was the first rank ( ''ichi-i''), proceeding downwards to the eighth rank ( ''hachi-i''), held by menials in the court. Below this, an initial rank called ''so-i'' () existed, but offered few rights. The top six ranks were considered true aristocracy (貴 ''ki''), and were subdivided into "senior" ( ''shō'') and "junior" ( ''ju'') ranks (e.g. senior third-rank ''shō san-mi'' junior second-rank ''ju ni-i''. Below the third rank, a further subdivision between "upper" ( ''jō'') and "lower" ( ''ge'') existed, allowing for ranks such as “junior fourth rank lower” ( ''ju shi-i no ge'') or “senior sixth rank upper” ( ''shō roku-i no jō''). Promotion in ranks was often a very gradual, bureaucratic process, and in the early days of the Codes, one could not advance beyond sixth rank except by rare exception, thus causing a natural cut-off point between the aristocrats (fifth-rank and above ''kizoku'' and the menials (sixth-rank and below ''jige''.

Additionally, income in the form of ''koku'' (, 1 koku = about 150 kilograms), or bushels of rice from the provinces, increased dramatically as one advanced in rank. The average sixth-rank official might earn 22 koku of rice a year, but the fifth rank might earn 225 koku of rice, while a third rank official could earn as much as 6,957 a year.

Registration of the citizens ( ''koseki''), updated every 6 years, and a yearly tax book ( ''keichō'') were established. Based on the ''keichō'', a tax system was established called ( ''So-yō-chō''). Tax was levied on rice crops but also on several local products (e.g. cotton, salt, tissue) sent to the capital.

The system also established local corvée at a provincial level by orders of the kokushi (), a corvée at the Capital (although the corvée at the capital could be replaced by goods sent) and military service.

Criminal code

A criminal system was introduced, with .

*: Depending on the severity of the crime, 10, 20, 30, 40 or 50 strikes on the buttocks.
*: Depending on the severity of the crime, 60, 70, 80, 90 or 100 strikes on the buttocks, performed in public, using a slightly thicker cane than was used for ''chi''.
*: Depending on the severity of the crime, imprisonment for 1, 1.5, 2, 2.5 or 3 years.
*Exile (, ''ru'') Depending on the severity of the crime, , , or .
*: Depending on the severity of the crime, death by or .

It defined that were exempt from amnesty which included the following list of unpardonable crimes:
*: assassinating the Emperor (including attempted assassination and preparation).
*: usurpation or attempted dethronement of the emperor by plotting to destroy the palace or tomb of a sovereign.
*: Inciting rebellion against the state, inciting foreign aggression, or seeking asylum in a foreign country
*: Crimes against superior relatives that involve a high degree of intimacy and serious harm, such as the execution, plotting, or assault and injury of grandparents or parents, or a wife killing her husband or his parents.
*: Antisocial and abnormal crimes such as mass murder and curses. Crimes against superior relatives that are less intimate than tyranny or that cause less serious harm. Assault or injury against an uncle or older brother.
*: The crime of behaving disrespectfully towards shrines or the Emperor as well as speaking ill of the emperor or the state
*: ungrateful acts toward grandparents and parents. Such actions include filing charges, speaking ill of others, not providing support, not mourning, etc.
*: Murder of a superior such as a master, boss, teacher, etc. The crime of a wife not mourning her husband.
The code was based on the Ten Abominations of the Tang code, but two crimes related to family life—family discord and disruption of the family (through incest, adultery, etc.) —were removed.

Handen-Shūju

In accordance with Chinese legal codes, land as well as citizens were to be "public property" (). One of the major pillars of the Ritsuryō was the introduction of the Handen-Shūju () system, similar to the equal-field system in China. The Handen-Shūju regulated land ownership. Based on the registration, each citizen over 6 was entitled to a , subject to taxation (approx. 3% of crops). The area of each field was 2 for men (approx. 22 ares total), and two-thirds of this amount for women. (However, the Shinuhi and Kenin castes were only entitled to 1/3 of this area). The field was returned to the country at death. Land belonging to shrines and temples was exempt from taxation. Collection and redistribution of land took place every 6 years.

Castes

The population was divided in two castes, ''Ryōmin'' () (furthermore divided into 4 sub-castes) and ''Senmin'' () (divided into 5 sub-castes), the latter being close to slaves. Citizens wore different colors according to their caste.

Evolution of Ritsuryō application

Several modifications were added over time. In order to promote cultivation, a law allowing the ownership for three generations of newly arable fields was promulgated in 723 (, ''Sanze-isshin Law'') and then without limits in 743 (, ''Konden Einen Shizai Law''). This led to the appearance of large private lands, the first ''shōens''.

Strict application of the Handen-Shūju system decayed in the 8th and 9th century. In an attempt to maintain the system, the period between each collection/distribution was extended to 12 years under Emperor Kanmu. At the beginning of Heian period, the system was almost not enforced. The last collection/distribution took place between 902 and 903.

The caste system was less and less strictly enforced. Some Ryōmin would wed Senmin to avoid taxation, and Senmin/Ryōmin children would become Ryōmin. At the end of the 9th century / beginning of the 10th, the caste system was practically void of its substance.

Hereditary high-ranks for public posts led to the monopoly of occupation of the most important posts by a limited number of families, in effect a nobility, amongst which the Fujiwara clan, Minamoto clan, Taira clan and the Tachibana clan.

See also

*
* Ōmi Code
* Asuka Kiyomihara Code
*Taihō Code
* Yōrō Code
* Station bell
* Fengjian

Notes

References

* Asakawa, Kan'ichi. (1903)
''The Early Institutional Life of Japan.''
Tokyo: Shueisha
OCLC 4427686 ''see'' online, multi-formatted, full-text book at openlibrary.org

* Titsingh, Isaac. (1834). '' Nihon Odai Ichiran''; ou
''Annales des empereurs du Japon.''
Paris: Royal Asiatic Society, Oriental Translation Fund of Great Britain and Ireland
OCLC 5850691
* Sansom, George (1958). ''A History of Japan to 1334.'' Stanford: Stanford University Press.
* Haley, John Owen. ''Authority Without Power: Law and the Japanese Paradox'' (Oxford, 1994),

External links

A full listing of public posts in the Ritsuryō System can be found here

{{DEFAULTSORT:Ritsuryo
Classical Japan
Legal history of Japan