Ritsuryō

Ritsuryō (律令りつりょう, Japanese: [ɾitsɯɾʲoː]) 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" (律令制りつりょうせい). Kyaku (格かく) are amendments of Ritsuryō, Shiki (式しき) are enactments.

Premodern Japan
Part of a series on the politics and government of Japan during the Nara and Heian periods
Daijō-kan (Council of State)
Chancellor / Chief Minister	Daijō-daijin
Minister of the Left	Sadaijin
Minister of the Right	Udaijin
Minister of the Center	Naidaijin
Major Counselor	Dainagon
Middle Counselor	Chūnagon
Minor Counselor	Shōnagon
Eight Ministries
Center	Nakatsukasa-shō
Ceremonial	Shikibu-shō
Civil Administration	Jibu-shō
Popular Affairs	Minbu-shō
War	Hyōbu-shō
Justice	Gyōbu-shō
Treasury	Ōkura-shō
Imperial Household	Kunai-shō

Ritsuryō defines both a criminal code (律りつ, Ritsu) and an administrative code (令れい, Ryō).

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 (近江おうみ令れい, 669) – 22 volumes of administrative code, of disputed existence
• Asuka-kiyomihara-ryō (飛鳥あすか浄きよし御ご原はら令れい, 689) – 22 volumes of administrative code
• Taihō-ritsuryō (大宝たいほう律令りつりょう, 701) – of major influence, 11 volumes of administrative code, 6 volumes of criminal code
• Yōrō-ritsuryō (養老ようろう律令りつりょう, 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 Kokugunri system (国くに郡ぐん里さと制せい, kokugunri-sei) was introduced, dividing the regions of Japan into several administrative divisions.

• Provinces (国くに, kuni, composed of numerous districts)
• Districts (郡ぐん, gun, kōri, composed of 2–20 neighbourhoods)
• Neighbourhoods (里さと, ri, sato, composed of 50 homes)

In 715 CE, the Gōri system (郷里きょうり制せい, gōri-sei) was introduced, resulting in the following.

• Provinces (国くに, kuni, composed of numerous districts)
• Districts (郡ぐん, gun, kōri, composed of 2–20 townships)
• Townships (郷さと, gō, composed of 50 homes total, and further divided into two or three neighbourhoods)
• Neighbourhoods (里さと, ri, sato, usu. composed of approx. 10–25 homes)

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 (神祇官じんぎかん, Department of Worship), in charge of rituals and clergy
• The Daijō-kan (太政官だじょうかん, Department of State), divided into eight ministries.

Posts of those public Departments were all divided into four ranks (shitō): kami (長官ちょうかん), suke (次官じかん), jō (判官ほうがん) and sakan (主しゅ典てん). 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

• Chief court musician (雅楽ががく頭あたま,, Uta no kami).
• First assistant court musician (雅楽ががく助すけ,, Uta no suke).
• Second assistant court musician (雅楽ががく允まこと,, Uta no jō).
• Alternate assistant court musicians (雅楽ががく属ぞく,, Uta no sakan).

Court pharmacists

• Chief court pharmacist (典薬てんやく頭あたま,, Ten'yaku no kami).
• First assistant to the chief pharmacist (典薬てんやく助すけ, ,Ten'yaku no suke).
• Second assistant to the chief pharmacist (典薬てんやく允まこと, ,Ten'yaku no jō).
• Alternate assistant to the chief pharmacist (典薬てんやく属ぞく, ,Ten'yaku no sakan).

Establishment of court rank

Rank		Ikai
1	一いち位い first	正せい一いち位い	shō ichi-i
2		従したがえ一いち位い	ju ichi-i
3	二に位い second	正せい二に位い	shō ni-i
4		従したがえ二に位い	ju ni-i
5	三さん位い third	正せい三さん位い	shō san-mi
6		従したがえ三さん位い	ju san-mi
7	四よん位い 4th	正せい四よん位い上じょう	shō shi-i no jō
8		正せい四よん位い下か	shō shi-i no ge
9		従したがえ四よん位い上じょう	ju shi-i no jō
10		従したがえ四よん位い下か	ju shi-i no ge
11	五ご位い 5th	正せい五ご位い上じょう	shō go-i no jō
12		正せい五ご位い下か	shō go-i no ge
13		従したがえ五ご位い上じょう	ju go-i no jō
14		従したがえ五ご位い下か	ju go-i no ge
15	六ろく位い 6th	正せい六ろく位い上じょう	shō roku-i no jō
16		正せい六ろく位い下か	shō roku-i no ge
17		従したがえ六ろく位い上じょう	ju roku-i no jō
18		従したがえ六ろく位い下か	ju roku-i no ge
19	七なな位い 7th	正せい七なな位い上じょう	shō shichi-i no jō
20		正せい七なな位い下か	shō shichi-i no ge
21		従したがえ七なな位い上じょう	ju shichi-i no jō
22		従したがえ七なな位い下か	ju shichi-i no ge
23	八はち位い 8th	正せい八はち位い上じょう	shō hachi-i no jō
24		正せい八はち位い下か	shō hachi-i no ge
25		従したがえ八はち位い上じょう	ju hachi-i no jō
26		従したがえ八はち位い下か	ju hachi-i no ge
27	初はつ位い initial	大だい初はつ位い上じょう	dai so-i no jō
28		大だい初はつ位い下か	dai so-i no ge
29		少しょう初はつ位い上じょう	shō so-i no jō
30		少しょう初はつ位い下か	shō so-i no ge

A global system of ranking for all public posts (官かん kan, 官職かんしょく kanshoku) was introduced with over 30 ranks (位い i, 位階いかい 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 (蔭かげ位いの制せい 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 (一いち位い ich-i), proceeding downwards to the eighth rank (八はち位い hachi-i), held by menials in the court. Below this, an initial rank called so-i (初はつ位い) existed, but offered few rights. The top six ranks were considered true aristocracy (貴たか ki), and were subdivided into "senior" (正ただし shō) and "junior" (従したがえ ju) ranks (e.g. senior third-rank [正せい三さん位い shō san-mi], junior second-rank [従したがえ二に位い ju ni-i]). Below the third rank, a further subdivision between "upper" (上うえ jō) and "lower" (下した ge) existed, allowing for ranks such as “junior fourth rank lower” (従したがえ四よん位い下か ju shi-i no ge) or “senior sixth rank upper” (正せい六ろく位い上じょう 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 [貴族きぞく kizoku]) and the menials (sixth-rank and below [地下ちか jige]).

Additionally, income in the form of koku (石いし, 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 (戸籍こせき koseki), updated every 6 years, and a yearly tax book (計けい帳とばり keichō) were established. Based on the keichō, a tax system was established called (租庸調そようちょう 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 (国司こくし), 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 five levels of punishment (五ご刑けい, gokei).

• Caning (笞むち, chi): Depending on the severity of the crime, 10, 20, 30, 40 or 50 strikes on the buttocks.
• Public caning (杖つえ, jō): 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.
• Imprisonment (徒と, zu): Depending on the severity of the crime, imprisonment for 1, 1.5, 2, 2.5 or 3 years.
• Exile (流ながれ, ru) Depending on the severity of the crime, nearby exile (近流きんる, konru), semi-distant exile (中流ちゅうりゅう, chūru), or distant exile (遠流おんる, onru).
• Death (死し, shi): Depending on the severity of the crime, death by hanging (絞しぼ, kō) or decapitation (斬き, zan).

It defined eight heavy crimes (八はち虐しいたげ, hachigyaku) that were exempt from amnesty. 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" (公おおやけ地ち公民こうみん). One of the major pillars of the Ritsuryō was the introduction of the Handen-Shūju (班はん田た収受しゅうじゅ制せい) 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 "distributed field" (口分田くもで, kubunden), subject to taxation (approx. 3% of crops). The area of each field was 2 tan (段だん) 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

Main article: Japanese castes under the Ritsuryō

The population was divided in two castes, Ryōmin (良民りょうみん) (furthermore divided into 4 sub-castes) and Senmin (賤民せんみん) (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 (三さん世せい一身いっしんの法ほう, Sanze-isshin Law) and then without limits in 743 (墾田こんでん永年えいねん私財しざい法ほう, 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

• Law of Japan § Historical developments
• Ōmi Code
• Asuka Kiyomihara Code
• Taihō Code
• Yōrō Code
• Station bell
• Fengjian

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. ISBN 0-8047-0523-2
• Haley, John Owen. Authority Without Power: Law and the Japanese Paradox (Oxford, 1994), ISBN 0-19-509257-0

External links

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