BAKUFU GOVERNANCE 77
traditional proprietors against jito. Some of these were already quite
complex, involving multiple issues, the product of diversified pro-
grams of lawlessness by increasingly ambitious
jito.
5
*
The second type
of suit, which became far more important later, dealt with intrafamily
vassal disputes, generally over inheritances.
55
Finally, there were com-
plaints by or againstgokenin alleging interfamily infringement.
56
Kama-
kura's official position against accepting courtier or warrior suits that
did not involve vassals was occasionally transgressed by the bakufu
itself.
Yet the policy of separate jurisdictions with Kyoto remained in
force and served as the principal basis for the era's dual polity.
There were, however, certain defects in the system that became
more pronounced in the years immediately following Jokyu. As men-
tioned earlier, due process was compromised somewhat under the
weight of litigation caused by the emergency. This led to a rise in the
number of false or frivolous suits and an increasing awareness that
Kamakura's judgments did not contain enough information either to
prevent repetitions of the same problem or to provide the bakufu with
an easy basis for resolving future difficulties. Specifically, the edicts
tended not to contain full-enough histories of either troubled areas or
families and did not present summaries of the oral and written testi-
mony constituting the basis for the judgment. In addition, by the late
1220s there existed a number of problem estates for which the bakufu
had adopted conflicting positions in the past. In order to set the rec-
ords straight and to line up, as it were, the precedents, Yasutoki was
disposed to having Kamakura's highest court, the hyojoshu, rehear
such cases. From a handful of settlement edicts surviving from 1227-
8, we see that Kamakura justice had taken a major step forward.
57
Central to the advances made at this time was a new commitment to
impartiality, in the form of the taiketsu, or face-to-face trial confronta-
tion, and to recording the facts and the reasoning behind a judgment
as based on the oral and written testimony. In the past, plaintiff and
defendant had been regularly summoned, but it is not certain whether
they faced each other and their interrogators simultaneously. Even
now, only a minority of cases reached this ultimate test; but the princi-
ple of access, so crucial, had been established. The bakufu also made
54 A case in 1216, for example, embraced some sixteen disputed issues; see KB, doc. 93.
55 For example, the long-running case involving Ojika Island in Kyushu's Hizen Province.
Kamakura first heard the suit in 1196, again in 1204, and thereafter repeatedly until it was
settled with some finality in 1228; see KB, docs. 19-20; DKR, pp. 95-101.
56 For example, cases in Kyushu from 1205 and 1212; see DKR, docs. 57, 65.
57 See, in particular, the Ojika Island settlement of 1228, referred to in n. 55. A judgment in
1227/3 is the earliest of the "new" type; see KB, doc. 46.
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