The Surprising Laws Created by Yoshimune, the 'Shogun of the People'

Tokugawa Yoshune's 'Kujikata Osadamegaki' actually referenced Chinese law

In our society today, laws exist as a matter of course. Things that 'must not be done' are codified one by one, and the punishments for them are also determined. However, systematizing such laws from scratch is not easy. This is because there must be no omissions or distortions in the laws.

However, going back to the Edo period, there was actually a 'Shogun' who took on the difficult challenge of 'compiling a legal code' head-on. That was the 8th Shogun, Tokugawa Yoshimune.

'The Kujikata Osadamegaki that he enacted was an authoritative legal code that served as the basic law of the Shogunate. It can be said that he was able to create such a thing because he had studied Chinese law for many years and gained many hints from it.'

This is according to Hiroshi Takashio, Professor Emeritus at the Faculty of Law, Kokugakuin University, who researches the history of law. Why was Yoshimune, the supreme authority of the time, able to create such advanced laws? I would like to explore the secret behind this through Mr. Takashio's story.

What is the 'Kujikata Osadamegaki'?

--I heard from you earlier that the 'Kujikata Osadamegaki,' created in 1742 (Kanpo 2), was a legal code that came into being with Yoshimune himself guiding the basics of drafting the legal text and even giving specific instructions such as 'revise this legal text in this way.' From the perspective of someone researching the history of law, what kind of legal code was the 'Kujikata Osadamegaki'?

Professor Hiroshi Takashio (titles omitted below) 'Before the 'Kujikata Osadamegaki' was created, laws were issued through notices (furegaki) that ordered 'do this' or prohibited 'do not do this' depending on the situation at the time. Naturally, the Shogunate did not have a cohesive set of laws like today's Penal Code or Civil Code.'

Under such circumstances, creating a systematic law from scratch must have been a considerable undertaking. The 'Kujikata Osadamegaki' began its compilation in 1737 (Genbun 2) and was completed in 1742 (Kanpo 2), so it required a total of 6 years (effectively about 4 and a half years). Once completed, it was put into operation immediately, but at the same time, the legal text was supplemented and revised, and five supplements and revisions were carried out until 1752 (Horeki 4).

With this, the 'Kujikata Osadamegaki' as we see it today was completed. 15 and a half years had passed since the start of compilation. It can be said that creating the 'Kujikata Osadamegaki' was truly a major project for the Shogunate and for Yoshimune.

Furthermore, what is important is that the 'Kujikata Osadamegaki' also established punishments that represented a major shift from previous ways of thinking. In Japan during the first half of the Edo period, many of those who committed crimes were sentenced to 'death' or 'exile.' In other words, these were punishments characterized by exclusion from the community.

The 'Kujikata Osadamegaki' established the same death penalties and exile as before, but at the same time, it also adopted punishments that considered allowing criminals to return to society once again. In other words, it was the idea of 'rehabilitation.' Needless to say, Yoshimune's intentions were at work in determining these punishments.

Yoshimune, who loved law since he was a child

--Then why was Yoshimune able to create a legal code with such groundbreaking punishments?

TakashioThat is likely because he was a 'law lover' from his youth, before he reached adulthood. Yoshimune is famous for the nickname 'Rice Shogun.' However, he actually has another nickname: 'Law Shogun.'

As you know, Yoshimune was born into the family of the lord of the Wakayama Domain and served as the lord from the age of 22 to 33, but after that, he was selected to be the Shogun of the Edo Shogunate. Records remain that he was an unparalleled lover of law and had been familiar with Chinese law since he was a child.

For example, one letter states that from his 'younger years,' Yoshimune loved the 'Ming Code,' which is the criminal law of Ming China, and read it from morning until night. It says 'younger years,' and the exact age is unknown, but perhaps he was around the age of a middle school student today? Since he read law all day at that age, Yoshimune must have been a particularly unique boy.

Even Ogyu Sorai said, 'Yoshimune's love for law dates back to when he was the lord of the Wakayama Domain, and this is known to daimyo all over the country.' Even after becoming Shogun, it is written in the history books of the Shogunate that he did not care much for waka poetry or Chinese poetry, but always preferred to read the 'Ming Code'.

──You really were fond of laws, weren't you?

Takashio Yoshimune was a person who favored 'practical studies' that were pragmatic and useful to the world. Beyond laws, he conducted rainfall observations within Edo Castle to predict river flooding based on rainfall patterns, and he started dairy farming by keeping milk cows. It was also Yoshimune who had sweet potatoes researched so they could be grown in the Kanto region to prepare for famine. He ordered Aoki Konyo, famous as the 'Sweet Potato Teacher,' to experiment with cultivation methods.

──Did he study law as one of those 'practical studies'?

Takashio That is considered to be the case. Among them, what he studied thoroughly was the aforementioned Chinese 'Ming Code.' And this research into the Ming Code eventually led to the enactment of the 'Kujikata Osadamegaki' (Official Regulations for Legal Cases).

The origin of his Ming Code research lies with Yoshimune's father, Tokugawa Mitsusada, the second lord of the Wakayama Domain. Mitsusada ordered scholars among his retainers to write the 'Daimin Ritsurei Genkai' (Commentary on the Ming Code, 31 volumes in 31 books). This is our country's first commentary on the Ming Code. Work began in 1690 (Genroku 3) and was completed in 1694 (Genroku 7). 1694 was when Yoshimune was still called by his childhood name, Shinnosuke, and was 11 years old. I speculate that Yoshimune's love for law began around this time.

What is noteworthy is the period after Yoshimune became an adult and the lord of the Wakayama Domain. To make the 'Daimin Ritsurei Genkai,' which his father had ordered to be written, more complete, he ordered three scholar retainers to inspect its annotations. The result was one volume of 'Daimin Ritsurei Genkai Teisei' (Corrections to the Commentary on the Ming Code). It was like an errata sheet. This happened in 1713 (Shotoku 3). Since 19 years had passed since the 'Daimin Ritsurei Genkai' was created, Yoshimune had reached the age of 30.

Two years later, in 1715 (Shotoku 5), he also performed the work of further inspecting that one volume of 'Corrections' and incorporating its contents into the main body of the 'Daimin Ritsurei Genkai.' This was the year before he became Shogun.

His research into the Ming Code continued even after he became Shogun. When he was 37, about five years after becoming Shogun, he had each article of the Ming Code translated into easy-to-understand Japanese. The 'Daimin Ritsurei Yugi' (14 volumes in 14 books) shown in the photo is that work. Its author was Takase Kihoku (pen name Gakuzan), a scholar of the Wakayama Domain. He was a person who had been engaged in the inspection work of the 'Daimin Ritsurei Genkai.'

Yoshimune also had a shogunate scholar, Ogyu Tasukuru (pen name Hokkei, younger brother of Sorai), work on the Ming Code. That was to add reading marks, reversal marks, and kana suffixes to the original text of the Ming Code. In other words, to add 'kunten' (reading aids). Yoshimune had that kunten version of the Ming Code released simultaneously in Kyoto and Edo. It was 1723 (Kyoho 8), when Yoshimune was 40 years old. The 'Kanjun Kanko Minritsu' (9 books) shown in the photo is that work. While providing an accurate original text of the Ming Code, it also made the Ming Code easier to understand. The reason he had it released simultaneously in Kyoto and Edo was because he intended to spread it nationwide.

The Kujikata Osadamegaki and the Ming Code: Common points seen in the two laws

──You really spent your whole life studying Chinese law, didn't you?

Takashio That is true. There is no one else who focused on the Ming Code to this extent, and he must have certainly perceived it as a 'practical study' useful for politics. And it is thought that it was precisely because of that Chinese law research that he was able to compile the 'Kujikata Osadamegaki.'

Incidentally, modern criminal law began with the Old Criminal Code enforced from 1882 (Meiji 15), but before that, a criminal code called the 'Shinritsu Koryo' (Principles of New Law) was used from 1871 (Meiji 4) to 1881 (Meiji 14). In fact, this was also created based on Chinese law, and the Ming Code research left behind by Yoshimune is useful for understanding it. The fact that the 'Kunten-bon Minritsu' (Ming Code with reading aids) was published even after entering the Meiji era is a manifestation of that.

──The aforementioned research on Chinese law was up until Yoshimune was around 40, and the establishment of the 'Kujikata Osadamegaki' was in 1742 (Kanpo 2), when Yoshimune was 58. How does the research on the Ming Code live on in the 'Kujikata Osadamegaki'?

Takashio Until now, the fact that Yoshimune was researching Ritsuryo law with the Ming Code at its center had been clarified. However, it had been considered that it had no relation to the 'Kujikata Osadamegaki.' In recent years, it has become clear that Ritsuryo law research and the 'Kujikata Osadamegaki' are greatly related.

The symbol of that is the structure of the 'Kujikata Osadamegaki.' This legal code is divided into upper and lower volumes; the upper volume stipulates laws such as 'you must not do this' or 'do this.' In contrast, the lower volume mainly stipulates the punishments for when those crimes are committed. The upper and lower volumes have that kind of corresponding relationship.

This relationship is a characteristic of Chinese Ritsuryo legal codes. In Ritsuryo legal codes, the 'Ryo' (administrative law), which lists orders and prohibitions, and the 'Ritsu' (penal law), which punishes violations of them, are formed in a corresponding relationship with each other.

Furthermore, the way punishments are stipulated also clearly references the way of thinking of Chinese law. Let's take theft as an example. In the 'Kujikata Osadamegaki,' the punishment becomes heavier as the amount of stolen property increases. Also, it stipulates the principle that 'three thefts mean a death sentence,' with the punishment of 'tataki' (flogging) for a first offense, 'irezumi' (tattooing) for a second offense, and 'death penalty' for a third offense.

These also have the same legal structure as the Ming Code. However, he did not just imitate the Ming Code as it was. If you look closely at the relationship between stolen property and the severity of punishment, or how the tattooing was applied, you can see that Yoshimune arranged it in a Japanese style. Because of this arrangement, the connection to Chinese law could not be discerned until recent years.

It can be said that the compilation and enactment of the 'Kujikata Osadamegaki' was a major task that could only be achieved because he had deeply studied Chinese law.

──I now have a clear understanding of the background behind the creation of the 'Kujikata Osadamegaki.' It was precisely because of such extensive research that he was able to produce a legal code that incorporated the perspective of rehabilitation into the 'Kujikata Osadamegaki.'

Takashio Yes. I believe that as a result of Yoshimune's enthusiastic study of Chinese law, centered on the Ming Code, he gained significant insights from it and devised punishments that took rehabilitation into account.

Above all, what we should know is 'why Yoshimune insisted on rehabilitation, that is, the social reintegration of criminals.' I will discuss the reasons for this and how he embodied those thoughts in the law in detail next time.