A History Of Law In Japan Until 1868 (handbuch Der Orientalistik. Funfte Abteilung, Japan, Bd. 6. Staat, Staatsdenken, 2. Abschnitt, Rechtswesen, 1 T)

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. Title Page Copyright Page Table of Contents Preface Preface to the Second Impression List of Abbreviations CHAPTER ONE: From the Earliest Times to the Taika Reforms Prehistory Proto-History Early History Institutions of Archaic Japan Laws of Archaic Japan CHAPTER TWO: From the Taika Reforms to the Establishment of Military Rule Why Taika? The Reform Basic Legislation The Administration The Social Classes Taxes The Function of Law The Family Succession Property and Transactions Penal Law The Administration of Law The Re-Privatization of Land CHAPTER THREE: From the Establishment of Military Rule until the Founding of the Tokugawa Dynasty A. Taira, Minamoto, and Hōjō Rule The Functions of the Warriors in Society Feudalism The Master-Man Relationship The Institutions of Kamakura Command Structures Military and Civilian Relationships Organs of the Kamakura Government Court and Camp Warrior Legislation Tensions in Medieval Society Succession The Lot of Women and Juniors Property and Transactions The Administration of Law Penal Law B. Ashikaga Rule The Political Scene Legal and Institutional Changes C. Warlord Rule New Institutions Martial Law Property and Transactions CHAPTER FOUR: Tokugawa Law The Political Scene The Administration Why the System was Stable The Classes The Function of Law How the System Developed Tensions in Tokugawa Society The Workings of the Status System The Family Succession The Villagers and Their Customs The Town-Dwellers and Their Customs Property and Transactions Labour Law Credit and its Protection Commercial Organization Penal Law The Administration of Law Bibliography Periodization Note on Transcription Index Handbuch Der Orientalistik Summarizes scholarship on the 13 centuries of legal tradition in Japan onto which was grafted the French, German, and Anglo- American influences to form modern Japanese law. For periods beginning with prehistory, the Taika reforms, the establishment of military rule, and the founding of the Tokugawa dynasty, describes the political and administrative framework, and how the law impacted such aspects of life as property and transactions, inheritance, relations between classes, labor, the lot of women and juniors, and of course crime and punishment. A second printing incorporates corrections. Annotation c. by Book News, Inc., Portland, Or. 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, it is important to study older systems of law as well. This work explores the main phases of Japan's pre-modern legal development. By Carl Steenstrup. Includes Bibliographical References [p. [160]-189] And Index. By Carl Steenstrup. Includes Bibliographical References (p. [160]-191) And Index.