416 NARA ECONOMIC AND SOCIAL INSTITUTIONS
administered directly by the state; (2) garden and residential land held
privately but with differences of tenure; and
(3)
the surrounding moun-
tains,
groves, rivers, and swamps that were used by all members of the
community for wood gathering, hunting, and slash-and-burn agricul-
ture.
But the subject of most of these provisions was the land used for
growing rice, or the surrounding communal land considered suitable
for rice cultivation. Only gardens and residential plots were truly
private. Some think that private possession was an ancient tradition
never extended to cultivated land, probably because the production of
rice required drainage and irrigation systems that could not be built or
maintained by individuals operating independently. Later land laws
were certainly affected by ah ancient practice of having irrigation
systems managed by the community as
a
whole. Although state owner-
ship of water was not written into law, its existence and nature can be
deduced from extant historical sources.
Although these laws regulated the distribution and use of arable
land, they were never, as far as we know, extended to the distribution
and use of land that might be brought under cultivation, a subject of
primary importance to any agricultural society. The absence of such
regulations, which was a divergence from the T'ang model, was condu-
cive to the later spread of private ownership.
Allocations of rice land
According to the Yoro code of
718,
Japan's rice field allocation system
(the chun-fien system of China adapted to the special conditions of
Japan) contained the following elements:
1.
Rice land was allocated to every individual above the age of six*
according to sex and social position: A male commoner
(rydmiri)
received two tan, or about 2,300 square meters; a female com-
moner, two-thirds of that amount; a male slave
(senmin)
received
keuchi Rizo, ed.,
TaikeiNihon shisosho
(Tokyo:
Yamakawa shuppansha, 1971), vol. 6, pp. 48-
138;
Yoshimura Takehiko, "Ritsuryo kokka to tochi shoyu," in Hara Hidesaburd, ed., Kodai,
vol.
1
of
Taikei Nihon kokka shi
(Tokyo:
University of Tokyo Press, 1975), vol. 1, pp. 255-96.
2 Unless otherwise cited, laws on land control are those of the Yoro civil code found in the Ryo
no
gige,
published in Kuroita Katsumi, ed., Shintei
zoho:
kokushi taikei
(Tokyo: Yoshikawa
kobunkan, 1935) (hereafter cited as KT), vol. 23, and the Ryo
no
shuge,
KT, vols. 23 and 24
(1943 and 1955). The Taiho civil code exists only in fragments, but its laws on land control
probably were similar to those of
the
later Yoro code.
3
Ages
were then usually calculated
by
the number of calendar years in which
a
person had lived.
Thus a child was considered to be one year old at birth and two at the beginning of the next
calendar year. I have determined, however, that this system of calculating ages was not used
for the allocation of land; see Torao,
Handen shuju ho no
kenkyu,
pp. 35-47.
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