A History Of Law In Japan Until 1868
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A History Of Law In Japan Until 1868
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Author : Carl Steenstrup
language : en
Publisher: BRILL
Release Date : 2021-12-06
A History Of Law In Japan Until 1868 written by Carl Steenstrup and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-06 with History categories.
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.
History Of Law In Japan Since 1868
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Author : Wilhelm Röhl
language : en
Publisher: BRILL
Release Date : 2005
History Of Law In Japan Since 1868 written by Wilhelm Röhl and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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
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Author : Carl Steenstrup
language : en
Publisher: BRILL
Release Date : 1996-01-01
A History Of Law In Japan Until 1868 written by Carl Steenstrup and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Social Science categories.
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.
Public Law Private Practice
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Author : Darryl E. Flaherty
language : en
Publisher: BRILL
Release Date : 2020-03-17
Public Law Private Practice written by Darryl E. Flaherty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with History categories.
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.
Law And Justice In Tokugawa Japan
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Author : John Henry Wigmore
language : en
Publisher:
Release Date : 1967
Law And Justice In Tokugawa Japan written by John Henry Wigmore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Customary law categories.
Justice And International Law In Meiji Japan
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Author : Giorgio Fabio Colombo
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-10
Justice And International Law In Meiji Japan written by Giorgio Fabio Colombo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-10 with History categories.
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.
Japanese Law
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Author : J. Mark Ramseyer
language : en
Publisher: University of Chicago Press
Release Date : 1999-02-02
Japanese Law written by J. Mark Ramseyer and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-02-02 with Law categories.
In this clear and very readable introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato employ an economic approach to challenge commonly held ideas about the Japanese legal system. While many studies assume that Japanese law differs fundamentally from the law in the United States, this work shows the essential similarity between the two. Arguing against the idea that law plays only a trivial role in Japan or is culturally determined, the authors demonstrate that standard economic models go far to explain why Japanese law has the shape it does.
After Law
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Author : Laurent de Sutter
language : en
Publisher: John Wiley & Sons
Release Date : 2021-02-03
After Law written by Laurent de Sutter and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-03 with Philosophy categories.
Law is the most sacred fetish of our time. From radicals to conservatives, there is no militant, activist or thinker who would consider doing without it. But the history of our fascination with law is long and complex, and reaches deeper into our culture than we might think. In After Law, Laurent de Sutter takes us on a journey to uncover the sources of our fascination. He shows that at a certain moment in our history a choice was made to treat law as a decisive feature of civilization, but this choice was neither obvious nor necessary. Other political, social, religious or cultural possibilities could have been chosen instead – from ancient Egypt to Mesopotamia, from medieval Japan to China, from Islam to Judaism, other cultures have devised sophisticated tools to help people live together without having to deal with norms, rules and principles. This is a lesson worth reflecting on, especially at a time when the rule of law and the functioning of justice are increasingly showing their sinister side – and their impotence. Is there life beyond law?
Law And Justice In Tokugawa Japan
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Author : John Henry Wigmore
language : en
Publisher:
Release Date : 1969
Law And Justice In Tokugawa Japan written by John Henry Wigmore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with categories.
Law In Japan
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Author : Daniel H. Foote
language : en
Publisher: University of Washington Press
Release Date : 2011-10-17
Law In Japan written by Daniel H. Foote and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-17 with Social Science categories.
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.