During the Edo period, this was one of the status privileges of samurai. It allowed cutting and killing commoners who had been disrespectful, i.e., permission for disrespectful killings. This was also permitted in various feudal domains, but the shogunate codified precedents in the articles on murder and assault in the "Kujikata Osadamegaki," which stated that if a townsman or peasant committed an unlawful act such as making outrageous remarks, a samurai who was forced to cut and kill them would not be held criminally responsible, even if they were a low-ranking foot soldier or other such person. The circumstances had to be clear, so the presence of witnesses was essential. Perpetrators who met these requirements and had a clear identity would not be given a formal trial. Source: Heibonsha World Encyclopedia, 2nd Edition Information |
江戸時代,武士の有した身分的特権の一つ。無礼におよんだ庶民を切害すること,すなわち無礼討の許容である。諸藩でも認められたが,幕府は《公事方御定書》の殺人・傷害の条項中に先例を成文化し,町人・百姓が法外の雑言など不届きな行為に出た場合,やむをえずこれを切り殺した武士は,たとえ足軽などの軽輩であれ,刑事責任なきものとした。事情分明でなければならず,したがって目撃者の存在は欠かせなかった。これらの要件を満たし,身元定かな加害者には,正式な裁判も行われない。
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