6
The ritsuryo ̄ state
Sakaue Yasutoshi, with Kristopher L. Reeves
During the late seventh and early eighth centuries, the Japanese state compiled and promulgated
a series of legal codes based largely on Chinese models developed under the Sui and Tang dynas-
ties. These codes are divided into two groups: the first, the ritsu, corresponds to modern penal
codes, while the second, the ryō, represented a wide variety of administrative regulations. The
term ritsuryō state (ritsuryō kokka), then, refers to the polity that held sway over Japan during the
first half of the classical era, administered by codes of law.^1
Although the ritsuryō codes were not formally abolished until the early Meiji period, the
ritsuryō state ended centuries before that. There is, however, considerable scholarly debate con-
cerning the time of its demise, beginning with one view that marks the end in the sweeping
alterations to ritsuryō institutions of the tenth century.
Early Chinese legal codes
China began referring to clusters of provisions dealing primarily with penal law as lü (J: ritsu) at
least as early as the Warring States period (the late fourth to late third centuries bce). Shortly
thereafter, during the Han dynasty (the late third century bce through the early third century ce),
ordinances issued by the emperor were collected and referred to as ling ( J: ryō). The Western Jin
dynasty (265–316) inaugurated the practice of organizing legal codes into the two major divi-
sions of lü and ling, from whence we get the Japanese term ritsuryō, with the promulgation of the
Taishi lüling, or Taishi legal code, in 278. Under the Sui dynasty (581–618), the Kaihuang code
(promulgated in 581) was accompanied by a collection of imperial edicts, called ge (J: kyaku),
revising provisions of the codes, and a more detailed set of operational regulations necessary for
the execution of the codes and the ge, known as shi (J: shiki). This four- part structure was also
followed by the Tang dynasty (618–907) in compiling its legal codes.
Under the Sui and Tang, revised legal codes were drawn up and enacted upon the enthrone-
ment of almost every new emperor. Thus the Sui issued the aforementioned Kaihuang code
during the reign of Emperor Wen (541–604, r. 581–604), as well as the Daye code during the
reign of Emperor Yang (569–618, r. 604–618). Similarly, the Tang promulgated the Wude code
under Emperor Gaozu (566–635, r. 618–626); the Zhenguan code under Emperor Taizong
(599–649, r. 626–649); the Yonghui code under Emperor Gaozong (628–683, r. 649–683); and