Kwamporitsu

lulecib

Senior Member
Turkish
Hi,

I have a question for you.

"The koshu until within recent times had the jus vitae necisque over his kazoku. This was, however, not a mere arbitrary right, but could be exercised only in the execution of his judicial decisions as family chief. Any other exercise of his power would have subjected him to the death penalty. By the Kwamporitsu (art. 49) parents were given the right to kill a daughter discovered in immoral relations with a man other than the one to whom she was betrothed."

In this text, what is the meaning of the Kwamporitsu? I think this is some kind of legal code from Japan. But I am not sure. Do you have any idea about the meaning of the Kwamporitsu?

The Source: THE PATERNAL POWER IN JAPANESE LAW (on page 3)
 
  • Flaminius

    hedomodo
    日本語 / japāniski / יפנית
    Kwamporitsu is a historical transcription of 寛保律 (the modern standard transcription would be Kampōritsu). The Shogunate legal code is better-known to us by the name 公事方御定書 (Kujikata Osadamegaki [Codes of Judicial Procedures]). The article in question was established in 1740.

    the right to kill a daughter discovered in immoral relations with a man other than the one to whom she was betrothed
    I am not sure if I understand the implications of the English text above, but the Japanese original gives parents the right to kill their daughter if she was betrothed to a man AND she was found in fornication with another. They were authorized to kill the fornicating man as well.

    There is an addendum to art. 49 in 1743, which stipulates that the man who committed the above crime be meted out first-degree expulsion (confiscation of landed property and expulsion from the place of inhabitance, and major cities), and that the daughter be returned to parents' custody and her hair be shaved.

    It must be noted that Codes of Judicial Procedures was a secret law, and Shogunate judicial system worked largely on precedences. In a word, they did not know the principle of nulla poena sine lege.
     
    Top