History Of Law In Japan Since 1868

History Of Law In Japan Since 1868
Author: Wilhelm Röhl
Publisher: BRILL
Total Pages: 858
Release: 2005
Genre: 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.

A History of Law in Japan until 1868

A History of Law in Japan until 1868
Author: Carl Steenstrup
Publisher: BRILL
Total Pages: 219
Release: 2021-12-06
Genre: History
ISBN: 9004483969

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.

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung
Author: Zentaro Kitagawa
Publisher: Walter de Gruyter
Total Pages: 293
Release: 2011-12-22
Genre: Law
ISBN: 311091915X

Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

Beiträge zur Modernen Japanischen Rechtsgeschichte

Beiträge zur Modernen Japanischen Rechtsgeschichte
Author: Hans-Peter Marutschke
Publisher: BWV Verlag
Total Pages: 231
Release: 2011-01-01
Genre: Electronic books
ISBN: 3830526725

HauptbeschreibungZiel des Bandes ist es, verstreut ver©œffentlichte Abhandlungen zum japanischen Recht und zur juristischen Ideengeschichte an einem Ort zusammenzuf©ơhren. Er ist eine Grundlage f©ơr die wissenschaftliche Besch©Þftigung mit der juristischen Zeitgeschichte Japans und der dortigen Rechtsentwicklung. F©ơnf japanische Rechtswissenschaftler vermitteln den unmittelbaren Zugang zum japanischen Recht, der den Rechtsvergleichern, die aus dem westlichen Sprachraum kommen, h©Þufig verschlossen bleibt.

Japanese Legal System

Japanese Legal System
Author: Dean
Publisher: Cavendish Publishing
Total Pages: 596
Release: 2002-02-14
Genre: 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

Japan in the World

Japan in the World
Author: Klaus Schlichtmann
Publisher: Lexington Books
Total Pages: 402
Release: 2009-04-16
Genre: History
ISBN: 0739135201

The twentieth century is as remarkable for its world wars as it is for its efforts to outlaw war in international and constitutional law and politics. Japan in the World examines some of these efforts through the life and work of Shidehara Kijuro, who was active as diplomat and statesman between 1896 until his death in 1951. Shidehara is seen as a guiding thread running through the first five decades of the twentieth century. Through the 1920s until the beginning of the 1930s, his foreign policy shaped Japan's place within the community of nations. The positive role Japan played in international relations and the high esteem in which it was held at that time goes largely to his credit. As Prime Minister and 'man of the hour' after the Second World War, he had a hand in shaping the new beginning for post-war Japan, instituting policies that would start his country on a path to peace and prosperity. Accessing previously unpublished archival materials, Schlichtmann examines the work of this pacifist statesman, situating Shidehara within the context of twentieth century statecraft and international politics. While it was an age of devastating total wars that took a vast toll of civilian lives, the politics and diplomatic history between 1899 and 1949 also saw the light of new developments in international and constitutional law to curtail state sovereignty and reach a peaceful order of international affairs. Japan in the World is an essential resource for understanding that nation's contributions to these world-changing developments.

Legal Education in Asia

Legal Education in Asia
Author: Stacey Steele
Publisher: Routledge
Total Pages: 349
Release: 2009-12-07
Genre: Business & Economics
ISBN: 113518237X

This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.