神戸大学附属図書館デジタルアーカイブ
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https://doi.org/10.24546/00317854
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2024-03-29
07:13 集計
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00317854 (fulltext)
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1.93 MB
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メタデータID
00317854
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open access
出版タイプ
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タイトル
政尾藤吉伝(3) : 法律分野での国際協力の先駆者
ロンセツ マサオ トウキチ デン (3) : ホウリツ ブンヤ デノ コクサイ キョウリョク ノ センクシャ
その他のタイトル
Life History of Dr. Tokichi Masao (3) : A Pioneer of International Cooperation in the Legal Field
著者
著者名
香川, 孝三
Kagawa, Kozo
カガワ, コウゾウ
所属機関名
神戸大学大学院国際協力研究科
収録物名
国際協力論集
巻(号)
9(2)
ページ
25-56
出版者
神戸大学大学院国際協力研究科
刊行日
2001-10
公開日
2007-05-30
抄録
In 1897 Dr. Masao was appointed as one of seven members of the Committee on the Codification of Penal Code. The president was the Prince of Rajburi, Minister of Justice established in 1892. The first draft was written by Masao in July 1898. It was followed by Penal Code in Belgium, Germany, India, Japan, Egypt, Turkey, France, and etc. A part of the draft was examined at the Committee, but it stopped after Masao returned back to Japan under home-leave. The second draft was made in 1900 by Masao and Corneille Schlesser, a legal adviser from Belgium and sent to the Legislative Council in 1901. According to the articles written by Masao, this draft was influenced by the amended draft of Criminal Code in Japan submitted to the 15th Congress in 1900. This meaned that this draft had been made under the western principle through Japanese criminal code which was based on German criminal code. But the draft check was not promoted at the Legislative Council for about three years. During that period Masao was appointed as a judge of Central Court of Appeals (highest ordinary court in Siam) and Dika Court (court of direct appeals to the King). The last draft of Penal Code initiated by George Padoux, a legislative adviser from France was sent to the High Commssion for the Codification of Penal Code which was founded under the strong recommendation of Masao and Padoux in 1906. Masao could be involved in examining it as a deputy to Minister of Justice at the Commission. On the other hand, France admitted, in the course of negotiation on boundary line between Thailand and Cambodia, that all French- protected subjects, namely Asiatic ressortissant, would be applied by the new Thai laws in the future. This urged Thai government to pass the draft of Penal Code for the abolition of consular jurisdiction. The Penal code was promulgated on April 1, 1908 and effective on September 21 whose day was the 55th birthday of King Chulalongkorn. This was the first fruit of Siam's effort to make modern code in Siam. The Penal Code consisted of three hundred and forty short and clear articles was divided into two parts, dealing with general principles and specific offences respectively. There were only six punishments. The Code left whipping out of the list of punishments. The system of conditional sentences and recidivism was adopted to prevent offenders from committing offences a second time by increasing punishments. The system of maximum and minimum punishments was adopted from the modified form of the French Code. Next important codification was Civil and Commercial Code. Masao became a member of drafting Civil and Commercial Code. There was a big problem on polygamy in drafting family law. Masao objected to adopt polygamy, but Padoux approved it because indigenious custom had been respected in his opinion. At that time polygamy was popular in high class society in Thailand. Rama 6 (King Wachirawut) decided to introduce marriage register system to examine how often polygamy system was utilized. This problem was resolved in the codification of Civil and Commercial Code adopting monogamy in 1935. Masao participated to make lectures as a part-timer at Law School established at the Minister of Justice. He contributed to make manpower suited to new legal system as a judge of courts and a teacher at Law School. He left Siam in August 1913 owing to his illness. He had been awarded several medals and pension by Rama 5 and 6. He was permitted to call himself "Phya Mahidara" ranked as Marquis whose meaning was Head of Law.
カテゴリ
国際協力研究科
国際協力論集
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9巻
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9巻2号(2001-10)
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資源タイプ
departmental bulletin paper
言語
Japanese (日本語)
ISSN
0919-8636
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NCID
AN10418744
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110000551596
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URI
http://www.research.kobe-u.ac.jp/gsics-publication/jics/
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