Author : Wilhelm Röhl
Publisher : BRILL
Page : 858 pages
File Size : 23,78 MB
Release : 2005
Category : Law
ISBN : 9004131647
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.
Author : Carl Steenstrup
Publisher : BRILL
Page : 228 pages
File Size : 32,68 MB
Release : 1996-01-01
Category : Social Science
ISBN : 9789004104532
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.
Author : Giorgio Fabio Colombo
Publisher : Taylor & Francis
Page : 138 pages
File Size : 22,62 MB
Release : 2023-02-10
Category : History
ISBN : 100083476X
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.
Author : Daniel H. Foote
Publisher : University of Washington Press
Page : 704 pages
File Size : 33,90 MB
Release : 2011-10-17
Category : Social Science
ISBN : 0295801352
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.
Author : Darryl E. Flaherty
Publisher : BRILL
Page : 347 pages
File Size : 21,70 MB
Release : 2020-03-17
Category : History
ISBN : 1684175240
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.
Author : Kichisaburō Nakamura
Publisher :
Page : 154 pages
File Size : 14,89 MB
Release : 1962
Category : Japan
ISBN :
Author : George Akita
Publisher :
Page : 292 pages
File Size : 33,75 MB
Release : 1967
Category : Electronic books
ISBN : 9780674312500
Author : Dean
Publisher : Cavendish Publishing
Page : 596 pages
File Size : 26,80 MB
Release : 2002-02-14
Category : Law
ISBN : 1843143224
Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business
Author : Jason Michael Morgan
Publisher :
Page : pages
File Size : 11,81 MB
Release : 2020
Category : Law
ISBN : 9781621964971
Author : Catherine L. Phipps
Publisher : Routledge
Page : 0 pages
File Size : 29,87 MB
Release : 2022
Category : History
ISBN : 9781003141419
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.
