History Of Law In Japan Since 1868

History Of Law In Japan Since 1868 PDF Author: Wilhelm Röhl
Publisher: BRILL
ISBN: 9004131647
Category : Law
Languages : en
Pages : 858

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Book Description
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.

A History of Law in Japan Until 1868

A History of Law in Japan Until 1868 PDF Author: Carl Steenstrup
Publisher: BRILL
ISBN: 9789004104532
Category : Social Science
Languages : en
Pages : 228

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Book Description
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.

Law and Society in Imperial Japan

Law and Society in Imperial Japan PDF Author: Jason Michael Morgan
Publisher:
ISBN: 9781621964971
Category : Law
Languages : en
Pages :

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Book Description


Justice and International Law in Meiji Japan

Justice and International Law in Meiji Japan PDF Author: Giorgio Fabio Colombo
Publisher: Taylor & Francis
ISBN: 100083476X
Category : History
Languages : en
Pages : 138

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Book Description
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.

Toward the Meiji Revolution

Toward the Meiji Revolution PDF Author: Tadashi Karube
Publisher:
ISBN: 9784866580593
Category : Japan
Languages : en
Pages : 255

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Book Description
"In 2018 Japan marked the 150th anniversary of the collapse of the Tokugawa shogunate and the establishment of a new government under Emperor Meiji. This was not simply a transfer of political authority but instead signaled revolutionary transformation in Japan, including the abolition of the domains and the formation of a modern nation-state in the years that followed. A period of radical social change was ushered in, with the abolition of the class system, the introduction of Western thought and technology, the development of mass media, and the establishment of constitutional government. The impact on Japan of diplomatic, economic, and cultural pressure from the United States and other Western powers from 1853 onward was previously thought to be the immediate catalyst of this 'Meiji Revolution.' But Japan's modern transformation was rooted in a much deeper process of social and intellectual development that gradually unfolded throughout the latter half of the Tokugawa period. Surveying a diverse group of thinkers spanning the Tokugawa and early Meiji years -- Ogyū Sorai, Yamagata Bantō, Motoori Norinaga, Rai San'yō, Fukuzawa Yukichi, Takekoshi Yosaburō, and others -- this ambitious book liberates modern Japanese history from the stereotypical narrative of 'Japanese spirit and Western technique,' offering a detailed examination of the elements in Tokugawa thought and culture that spurred Japan to articulate its own unique conception of civilization during the course of the nineteenth century." --

Law in Japan

Law in Japan PDF Author: Daniel H. Foote
Publisher: University of Washington Press
ISBN: 0295801352
Category : Social Science
Languages : en
Pages : 704

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Book Description
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.

Creating a Public

Creating a Public PDF Author: James L. Huffman
Publisher: University of Hawaii Press
ISBN: 0824862015
Category : Language Arts & Disciplines
Languages : en
Pages : 585

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Book Description
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.

The Rule of Law in Japan

The Rule of Law in Japan PDF Author: Carl F. Goodman
Publisher: Kluwer Law International B.V.
ISBN: 9041186751
Category : Law
Languages : en
Pages : 401

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Book Description
Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.

Japan in Transition

Japan in Transition PDF Author: Marius B. Jansen
Publisher: Princeton University Press
ISBN: 140085430X
Category : Social Science
Languages : en
Pages : 499

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Book Description
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.

Japanese American History

Japanese American History PDF Author: Brian Niiya
Publisher: VNR AG
ISBN: 9780816026807
Category : History
Languages : en
Pages : 448

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Book Description
Produced under the auspices of the Japanese American National Museum in Los Angeles, this comprehensive reference culls information from primary sources--Japanese-language texts and documents, oral histories, and other previously neglected or obscured materials--to document the history and nature of the Japanese American experience as told by the people who lived it. The volume is divided into three major sections: a chronology with some 800 entries; a 400-entry encyclopedia covering people, events, groups, and cultural terms; and an annotated bibliography of major works on Japanese Americans. Includes about 80 bandw illustrations and photographs. Annotation copyright by Book News, Inc., Portland, OR