판례에 반영된 일본 근세의 법과 사회 ― 주연(周緣)의 사상(事象)을 중심으로 ―

In Tokugawa Japan, law existed only in the form of accumulation of judicial precedents, which were gathered and edited by Tokugawa bureaucrats and worked as references in making sentences for each criminal cases. Thus, the judicial precedents edited by Tokugawa bureaucrats can be primary sources for casting lights on the Tokugawa society and bakufu's gaze on them. In this article, the author analyzes some judicial precedents held in Koruishu, mainly aiming at understanding the treatment of the so-called marginal status in Tokugawa judicial system. By the judicial precedents, the author could know that, in Tokugawa judicial system, discriminated people of eta and hinin, typical marginal status were separated from other social groups. For other marginal status, things went differently. For instance, religious people were treated same with usual legal status like choinin and hyakusho, and this means that, at least in Tokugawa bakufu's gaze, the only marginal status were eta and hinin. This requires us to return to the contemporary gaze to fully understand the problem of social groups or status in Tokugawa period.