Also called "Yamaron." In the Edo period, these were disputes over the ownership and use rights of forests and wilderness areas. In the early period, many of these disputes were over boundary determinations when early modern villages were established through land surveys, and in these cases, the ownership of the forests and wilderness areas themselves was often disputed. From the middle period onwards, many of the disputes were over use and benefits (→ common rights), and a typical example of this was a dispute over forests and wilderness areas belonging to Village A, where Village B or Village C claimed common rights. There were also disputes over which use rights were superior within a village. When it came to resolving mountain disputes, feudal lords encouraged the parties to reconcile, but because the interests involved were so fundamental, many cases were settled by the feudal lord's arbitration, and when disputes crossed over multiple territories, it was necessary to wait for arbitration by the shogunate.YamaronPlease see the Mountain Theory page. Source: Encyclopaedia Britannica Concise Encyclopedia About Encyclopaedia Britannica Concise Encyclopedia Information |
「やまろん」ともいう。江戸時代,山林,原野などの帰属,利用権をめぐる争論。初期には検地による近世的村落成立の際の境界決定をめぐるものが多く,この場合,山林,原野自体の帰属を争うことが多かった。中期以降は利用,用益 (→入会権 ) をめぐる争いが多く,その典型的な争議形態はA村に属する山林原野にB村,あるいはC村が入会権を主張して争論となる例である。また一村内の利用権の優劣をめぐるものもあった。山論の解決については領主は当事者の和解を奨励したが,利害が根本的なだけに,領主の裁定により決着する例が多く,また他領域にまたがる場合は幕府の裁定を待たなければならなかった。
山論
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