A Research for the contents of court's decision recorded in documents, and an analyses of the logic behind the legal thinking for the reasoning or justification of decisions in medieval Japan

本研究主要通过收集两类数据来分析镰仓幕府法院判决的描述方式。因此，在本研究中，我们应该考察法律思维的风格是什么，以及它如何在接近每个判决时起作用，这也是观察文件的重要方面。此外，本研究关注并分析了应用于每个决策的各种原因。这些数据收集自几乎所有的判决内容，我们可以在保留的文件中识别出来，这些文件最初是由法院发给当事人的。本研究还对审判程序进行了论证，特别是在当事人疏忽传唤案件中。可以说，法院并没有因为当事人的过失而自动作出有利于当事人的判决。在镰仓幕府的司法制度中，过失一方将受到国定纪规第35条的惩罚，并将其作为基本规范之一。因此，在对这种情况的传统理解中，规范被自动采用，而没有仔细调查情况。本研究试图分析判决书的内容，但可以表明镰仓巴库府法院有一个判决原则。其原则是，只有当当事人向法院提出明显的事实作为某种证据，其形式是正确的文件样式，并且还包括一种习惯法或镰仓幕府颁布的法律之一时，一方的坚持才能被正确地推理。

This research has pursued mainly by collecting two kinds of data, in order to analyze the ways of describing decisions issued by the courts of the Kamakura Shogunate. In this research, therefore, it is also important aspects in observing the documents that we should examine what the style of legal thinking was, and how it was worked in approaching to each judgment. Furthermore, this research has focused on and analyzed the variety of reasons applied to each decision. The data are collected from almost of all contents of decisions which we can recognize in documents remained, originally issued to a party by the court. And this research also has demonstrated the trial procedure, particularly in a case of a party's negligence of summons. It can be said that the court did not automatically give a decision in favor of a party, because of the negligence. In justice system of Kamakura Shogunate, a party of negligence would be punished by the article No.35 of Goseibai-shikimoku, which wrote it as one of fundamental norms. So, in traditional understanding of such case, the norm was automatically adopted, without careful investigation for the circumstances. This research, which has tried to analyzed the contents of decisions, however, can show that the court of Kamakura Bakufu had a principle for judgment. The principle was that an insistence of a party could be reasoned correctly, only when obvious fact presented to the court by a party as a certain proof, whose form was a correct document style, and which also included a sort of custom law or one of laws issued by Kamakura Shogunate.