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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.
Book Synopsis History Of Law In Japan Since 1868 by : Wilhelm Röhl
Download or read book History Of Law In Japan Since 1868 written by Wilhelm Röhl and published by BRILL. This book was released on 2005 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A History of Law in Japan until 1868 by : Carl Steenstrup
Download or read book A History of Law in Japan until 1868 written by Carl Steenstrup and published by BRILL. This book was released on 2021-12-06 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.
Book Synopsis State Law and Legal Positivism by :
Download or read book State Law and Legal Positivism written by and published by BRILL. This book was released on 2021-12-13 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.
This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
Book Synopsis Justice and International Law in Meiji Japan by : Giorgio Fabio Colombo
Download or read book Justice and International Law in Meiji Japan written by Giorgio Fabio Colombo and published by Taylor & Francis. This book was released on 2023-02-10 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
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.
Book Synopsis Law in Japan by : Daniel H. Foote
Download or read book Law in Japan written by Daniel H. Foote and published by University of Washington Press. This book was released on 2011-10-17 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan’s legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600–1868), they worked from the shadows to bend the shogun’s law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868–1912). This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation’s public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highlights its lasting contributions in founding private universities, political parties, and a national association of lawyers that contributed to legal reform during the twentieth century.
Book Synopsis Public Law, Private Practice by : Darryl E. Flaherty
Download or read book Public Law, Private Practice written by Darryl E. Flaherty and published by BRILL. This book was released on 2020-03-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan’s legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600–1868), they worked from the shadows to bend the shogun’s law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868–1912). This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation’s public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highlights its lasting contributions in founding private universities, political parties, and a national association of lawyers that contributed to legal reform during the twentieth century.
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.
Book Synopsis Japan in Transition by : Marius B. Jansen
Download or read book Japan in Transition written by Marius B. Jansen and published by Princeton University Press. This book was released on 2014-07-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Formation of Modern Japan by : Kichisaburo Nakamura
Download or read book The Formation of Modern Japan written by Kichisaburo Nakamura and published by . This book was released on 1962 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
This book examines Meiji Japan (1868-1912) to demonstrate the complex interplay between Japanese nation-building and the country's engagement with global processes. "Meiji Japan" refers to an era (1868-1912) that--as experienced from within--had an undetermined duration and extent. The length of the emperor's reign was not preordained, and the country's territorial borders were not as well-defined or wide-reaching at the start of the period as at the close. Questions about who was represented by and who identified with the emerging nation-state remained in flux as Japan's modern political, economic, legal, and sociocultural parameters were being created. Basing their inquiries on the idea of Meiji Japan in global history, the authors examine Japan's rise on the modern world stage, focusing on the individuals--whether government leaders, intellectual elites, indigenous communities, or colonial migrants--who both shaped and were shaped by this era of global connectivity. Localized challenges and supranational opportunities meant people were in motion, as territorial expansion redefined marginalized groups, and as diverse populations moved to and from colonized and foreign lands. This volume seeks to excavate how people back then positioned themselves in a specific time and place, just as people in the twenty-first century seek to give Meiji Japan meaning at the sesquicentennial commemoration of its start. The chapters in this book were originally published in the journal Japan Forum.
Book Synopsis Meiji Japan in Global History by : Catherine L. Phipps
Download or read book Meiji Japan in Global History written by Catherine L. Phipps and published by Routledge. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Meiji Japan (1868-1912) to demonstrate the complex interplay between Japanese nation-building and the country's engagement with global processes. "Meiji Japan" refers to an era (1868-1912) that--as experienced from within--had an undetermined duration and extent. The length of the emperor's reign was not preordained, and the country's territorial borders were not as well-defined or wide-reaching at the start of the period as at the close. Questions about who was represented by and who identified with the emerging nation-state remained in flux as Japan's modern political, economic, legal, and sociocultural parameters were being created. Basing their inquiries on the idea of Meiji Japan in global history, the authors examine Japan's rise on the modern world stage, focusing on the individuals--whether government leaders, intellectual elites, indigenous communities, or colonial migrants--who both shaped and were shaped by this era of global connectivity. Localized challenges and supranational opportunities meant people were in motion, as territorial expansion redefined marginalized groups, and as diverse populations moved to and from colonized and foreign lands. This volume seeks to excavate how people back then positioned themselves in a specific time and place, just as people in the twenty-first century seek to give Meiji Japan meaning at the sesquicentennial commemoration of its start. The chapters in this book were originally published in the journal Japan Forum.
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.
Book Synopsis Studies in the Institutional History of Early Modern Japan by : John Whitney Hall
Download or read book Studies in the Institutional History of Early Modern Japan written by John Whitney Hall and published by Princeton University Press. This book was released on 2015-03-08 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
