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Author: Wilhelm Röhl
Publisher: BRILL
Published: 2005
Total Pages: 858
ISBN-13: 9004131647
DOWNLOAD EBOOK →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
Published: 2021-12-06
Total Pages: 219
ISBN-13: 9004483969
DOWNLOAD EBOOK →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: Carl Steenstrup
Publisher: BRILL
Published: 1996-01-01
Total Pages: 228
ISBN-13: 9789004104532
DOWNLOAD EBOOK →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:
Publisher: BRILL
Published: 2021-12-13
Total Pages: 275
ISBN-13: 9004498710
DOWNLOAD EBOOK →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.
Author: Giorgio Fabio Colombo
Publisher: Taylor & Francis
Published: 2023-02-10
Total Pages: 138
ISBN-13: 100083476X
DOWNLOAD EBOOK →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
Published: 2011-10-17
Total Pages: 704
ISBN-13: 0295801352
DOWNLOAD EBOOK →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
Published: 2020-03-17
Total Pages: 347
ISBN-13: 1684175240
DOWNLOAD EBOOK →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: Marius B. Jansen
Publisher: Princeton University Press
Published: 2014-07-14
Total Pages: 499
ISBN-13: 140085430X
DOWNLOAD EBOOK →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.
Author: Catherine L. Phipps
Publisher: Routledge
Published: 2022
Total Pages: 0
ISBN-13: 9781003141419
DOWNLOAD EBOOK →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.
