Organizer: Christian Morimoto Hermansen, University of Copenhagen
Chair: Peter Nosco, University of Southern California
Discussant: Beatrice Bodart-Bailey, University of Tokyo
". . . punishment is not punishment. . . punishment is a means of
teaching."
(Fujiwara Seika in Suntetsu roku, 1606)
The above begs the question, teaching what, to whom, by whom, using what methods, in response to what actions, for what reason(s)? In Tokugawa Japan, at least, state-sanctioned punishment taught the ruled obedience to the ruling system through the use of penalties that clearly conveyed the consequences of any behavior that threatened social stability, and thus by extension the current government's continued existence. Justice, or at least the appearance of justice, was of prime importance when applying such "instruction," for it validated the regime's right to rule. It was because of this that philosophical interpretations of the purpose behind punishment, and the methods of punishment considered most expeditious for conveying the government's will varied over time.
This panel will address various aspects of crime and justice in the Tokugawa period. Diana Wright's paper focuses on female criminals, examining both how they were defined and how they were punished. Peter Nosco's paper examines one group defined by the state as criminals, the Fujufuse ("neither receive nor give") Nichiren movement. Daniel Botsman's paper on Nakai Riken reveals that the government's ways of dealing with criminals were not without critics. An outcome of Nakai's critique was the adoption of new ways of punishment, and Christian M. Hermansen will be looking at one of these, the ninsoku yoseba.
Female Crime and State Punishment During the Tokugawa Period
Diana E. Wright, Western Washington University
This paper examines the increasing focus by both the state and Tokugawa society itself on problem of "evil women" (akujo). During the first half of the Tokugawa regime, government statutes directed at non-elite women concentrated primarily on state regulation of their socioeconomic activities, especially in regard to prostitution. This changed in the late eighteenth century, however, as social conditions became more volatile. Not only were more women condemned for actual criminal activities during this period, but there was an increase in the number of women charged with being "social deviants."
To demonstrate this, the various laws contained within the Tokugawa Kinrei ko defining both inappropriate and criminal female behavior, and the punishments prescribed for such behavior, will be analyzed. The Tokugawa Kinrei ko has been selected due to its incorporation of the 1767 Kajo ruiden (the core assemblage of Edo laws, as well as later enactments and decisions) and inclusion of court precedents as well as decrees. Finally, in order to round out the picture, individual case studies will be presented along with popular culture depictions of, and examples of the over-all society's fascination with, female "anti-social" behavior.
The Fujufuse Movement and the Bakuhan State
Peter Nosco, University of Southern California
This paper explores the fujufuse movement during the Tokugawa period. The fudufuse ("neither receive nor give") movement arose within the Nichiren denomination among those who believed it to be doctrinally required that one neither receive alms from nor give alms to those outside the denomination, who were castigated as "dharma slanderers." The fujufuse principle became particularly problematic on those occasions when the Nichiren denomination was called upon by ruling authorities to participate in inter-denominational Buddhist activities. It was their refusal of fujufuse practitioners to participate in such activities that caused the Bakuhan state to proscribe the fujufuse movement in the seventeenth century, whereupon followers of the principle clandestinely continued their practices.
In contrast with the "underground" Christians, whose belief practices were more difficult to conceal, fujufuse practitioners thrived on the one hand within the labyrinthine "main temple-branch temple" structures of Tokugawa Buddhism, and on the other hand within the homes of sympathizers, who at times comprised virtually entire villages of hundreds of households. On numerous occasions during the Tokugawa period, "underground" fujufuse practitioners were uncovered, prosecuted, and generally either exiled or imprisoned; those who were imprisoned often died in prison. The evidence supports the conclusion that for various reasons, the Bakuhan authorities were generally reluctant to prosecute fujufuse practitioners during most of the Tokugawa period.
Punishment and Profit: Nakai Riken's Critique of Tokugawa Justice
Daniel V. Botsman, Princeton University
My paper focuses on the critique of Tokugawa penal practices made by Nakai Riken (1732-1817) of Osaka's merchant academy, the Kaitokudo, in his "Essay on Merciful Punishment" (Jukkei bôgi). Riken's arguments are revealing of important aspects of his own thought, but are also indicative of the growing social tensions and structural difficulties facing the bakuhan state from the late eighteenth century. At a general level, by criticizing existing punishments as both cruel and ineffective, Riken suggests the inappropriateness of bushi strategies of governance in an era of prolonged peace. More specifically, in the wake of the great famine and associated urban riots of the Temmei period, his concern is with the apparent inability of the Tokugawa authorities to maintain order and protect the hard-earned property of honest commoners. As a solution, Riken proposes the establishment of a new institution to which petty criminals and other marginal persons could be sent to be reformed and trained to become "productive" members of society. Riken's plans for a "Long Term Gaol" (nagarô) are remarkable, not only because of the way they seen to anticipate aspects of the "modern prison" and the general strategies of the disciplinary power, but also because there is good reason to believe they had a direct impact on the creation of the Edo Stockade for Labourers (ninsoku yoseba) in 1790, as part of Matsudaira Sadanobu's Kansei Reforms.
For Their Own Good: Ninsoku Yoseba in Early Modern Japan
Christian Morimoto Hermansen, University of Copenhagen
The development of work and correction camps, ninsoku yoseba, in the 18th century is one example of changed concepts of crime and punishment in the Tokugawa Period.
To the leaders of the bakuhan state, idleness and homelessness posed a threat to the stability and security of the country. In 1790 when the first ninsoku yoseba was established, it was seen as an instrument in the fight against these evils. In line with the ideal of benevolent government, it was argued that by putting the idlers and the homeless under control and have them work, not only would they learn how to survive by their own proper work, and not be a burden to the society, they would also be prevented from becoming real criminals. Once this had been achieved, they could be sent back into society as good farmers or citizens.
The extent to which this intention of preventing crime by correcting potential criminals can be seen in the actual use of ninsoku yoseba is the topic of this paper.