紀要論文 明代における「殺死姦夫」条の成立に関する考察
A Provision Concerning "Killing an Adulterer" in Ming Dynasty

江, 存孝

(30)  , pp.59 - 75 , 2015-09-28 , 金沢大学大学院人間社会環境研究科 = Graduate School of Human and Socio-Enviromental Studies Kanazawa University
ISSN:1881-5545
NII書誌ID(NCID):AA12162559
内容記述
This paper attempts to explore the Ming Dynasty's provision concerning "adulterer murder" -when a wife or concubine committed adultery, and her husband killed the adulterers on the spot. To investigate this issue, the Ming Code (大明律), the Wenxing Rules (問刑条例), and the commentaries on the law edited by law scholars in the Ming Dynasty were analyzed. As a result of this analysis, we would like to propose the following points: (a) the legitimacy of adulterer murder, which developed from a "legitimate self-defense" into a means of "private punishment," was established through the development of the Ming Code; (b) the innocence of a person committing adulterer murder can be attributed back to the influence of the rules in the Yuen Dynasty; and (c) in the commentaries, the penal code concerning adulterer murder may have developed an overarching power over the Ming Code, which in turn reduced the penalty for adulterer murder, particularly in the late Ming Dynasty
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http://dspace.lib.kanazawa-u.ac.jp/dspace/bitstream/2297/43380/1/AA12162559-30-59-75.pdf

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