A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.
Japan's modern written law is Western. However, this law operates in a society whose values are pre-Western. In order to understand the function of modern law one has to study older systems of law as well. The main phases of Japan's pre-modern legal development are first, the indigenous customary law of the Yamato state. Next, the import and adaptation of Chinese codes from the 7th century onwards. Third, the use of Chinese legal techniques to bring order to the indigenous feudal law, culminating in the thirteenth century, and leading to the independence of Japan's legal system from that of China. Fourth, the mature system of written law and custom of the Tokugawa state. It is owing to the existence of well-functioning channels of law that Japan was able to modernise rapidly.
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
First, there are questions concerning the role and relative importance of internal and external factors in the pattern of events. Did the activities of the Western powers prompt changes in Japan that would not otherwise have taken place? Or did they merely hasten a process that had already begun? Similarly, did Western civilization give a new direction to Japanese development, or do no more than provide the outward forms through which indigenous change could manifest itself? Was it a matrix, or only a shopping list? Second, how far was the evolution of modern Japan in some sense "inevitable"? Were the main features of Meiji society already implicit in the Tempo reforms, only awaiting an appropriate trigger to bring them into being? More narrowly, was the character of Meiji institutions determined by the social composition of the anti-Tokugawa movement, or did it derive from a situation that took shape only after the Bakufu was overthrown? This is to pose the problem of the relationship between day-to-day politics and long-term socioeconomic change. One can argue, paraphrasing Toyama, that the political controversy about foreign affairs provided the means by which basic socioeconomic factors became effective; or one can say, with Sakata, that the relevance of socioeconomic change is that it helped to decide the manner in which the fundamentally political ramifications of the foreign question were worked out. The difference of emphasis is significant. Finally, have recent historians, in their preoccupation with other issues, lost sight of something important in their relative neglect of ideas qua ideas? Ought we perhaps to stop treating loyalty to the Emperor as simply a manifestation of something else? After all, the men whose actions are the object of our study took that loyalty seriously enough, certainly as an instrument of politics, if not as an article of faith.
This study contains twenty-two essays by leading historians on the Tokugawa Period (1600-1868), eight of which have never before been published. The Tokugawa Period has long been seen as one of Eastern feudalism, awaiting the breakthrough that came with the Meiji enlightenment and the opening of Japan to the West. The general thrust of these papers is to show that in many institutional aspects Japan was far from backward before the Meiji Period, and that many of the preconditions of modernization were present and developing much earlier than has generally been believed. This collection will be particularly valuable to students and scholars of comparative and Japanese modernization. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
No institution did more to create a modern citizenry than the newspaper press of the Meiji period (1868-1912). Here was a collection of highly diverse, private voices that provided increasing numbers of readers—many millions by the end of the period—with both its fresh picture of the world and a changing sense of its own place in that world. Creating a Public is the first comprehensive history of Japan's early newspaper press to appear in English in more than half a century. Drawing on decades of research in newspaper articles and editorials, journalists' memoirs and essays, it tells the story of Japan's newspaper press from its elitist beginnings just before the fall of the Tokugawa regime through its years as a shaper of a new political system in the 1880s to its emergence as a nationalistic, often sensational, medium early in the twentieth century.
Shows how Japanese anxiety about overpopulation was used to justify expansion, blurring lines between migration and settler colonialism. This title is also available as Open Access.
In this book social scientists scrutinize the middle decades of the nineteenth century in Japan. That scrutiny is important and overdue, for the period from the 1850s to the 1880s has usually been treated in terms of politics and foreign relations. Yet those decades were also of pivotal importance in Japan's institutional modernization. As the Japanese entered the world order, they experienced a massive introduction of Western-style organizations. Sweeping reforms, without the class violence or the Utopian appeal of revolution, created the foundation for a modern society. The Meiji Restoration introduced a political transformation, but these chapters address the more gradual social transition. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.