- Japanese law
Law as it has developed in Japan as a consequence of the combination of two cultural and legal traditions, one indigenous Japanese, the other Western.In the 8th century Japan borrowed and adapted the legal system of the Chinese Tang dynasty. With the rise of the warrior class, clan codes governing the behaviour and actions of warrior families were developed. After the Meiji Restoration (1868), Japan began to borrow heavily from European legal systems, particularly the German Civil Code. After World War II, largely as a result of the country's occupation by the U.S. military and later contacts with U.S. legal scholars, Japan incorporated aspects of the U.S. legal system, including various civil procedures and elements of labour and business law. Traditional extralegal dispute-resolution methods remain strong, and litigation plays a less pervasive role than in the U.S.
* * *the law as it has developed in Japan as a consequence of a meld of two cultural and legal traditions, one indigenous Japanese, the other Western. Before Japan's isolation from the West was ended in the mid-19th century, Japanese law developed independently of Western influences. Conciliation was emphasized in response to social pressures exerted through an expanded family unit and a close-knit community. Few rules prescribed how disputes should be resolved. The closest counterpart to the Western lawyer was the kujishi, an innkeeper who developed a counseling function. Remarkably little law in the modern sense existed; a static society, which officially discouraged commercial activity, apparently neither desired nor needed a developed legal order.Fundamental changes inevitably followed Japan's sudden involvement with the Western world after the Meiji Restoration of 1868. Japan sought to construct an economic, political, and legal structure capable of commanding respect internationally, ending extraterritoriality, and preserving national independence. The introduction of Western law was one element in a wholesale importation of things Western.In legal matters the Japanese took for models the systems of continental Europe, especially the German. The drafters of the Japanese Civil Code (q.v.) of 1896 surveyed many legal systems, including the French, Swiss, and common laws, taking something from each. Their final product is, however, best characterized as following the first draft of the German Civil Code. In its subsequent development the Japanese legal system remained true to these sources. The 1947 revisions of the code provisions dealing with relatives and succession, which had reflected traditional Japanese attitudes, completed the transition of Japanese civil law to the continental European family of laws.On some points, however, Japanese law is closer to that of the United States than to European models, largely as a result of the post-World War II occupation and of later contacts with U.S. legal thinking and education. The examination of witnesses in civil cases is now (at least theoretically) modeled on U.S. procedure. The absence of a special hierarchy of administrative courts is consistent with U.S. ideas. Many aspects of labour and corporation law are U.S.-inspired.Nevertheless, in its rules and institutions, the Japanese legal system is closer to the civil law of Europe than to the common law. In many ways, moreover, the Japanese legal order differs markedly from all Western legal orders. Most importantly, law in Japan plays a far less pervasive role in resolving disputes and creating and adjusting rules regulating conduct. The paucity of Japanese decisions involving automobile accidents, manufacturer's liability for defective products, and nuisance may be surprising to Westerners, who also may note the small size of the Japanese bar and the persistence of extralegal methods of resolving disputes. Local police stations provide conciliation rooms. Elders act as go-betweens. For many purposes a family transcending the nuclear family still exists. The notion that a business is analogous to a family unit persists and typically influences labour relations, especially in small- and middle-sized firms. In the relatively homogeneous Japanese society, social status carries heavy obligations, and community pressure is extremely powerful.Now that Japan has become a dominant world economic power and has increased its global geopolitical presence, law may come to play a role there more akin to its role in the West. In addition, the sociological supports essential to the continued vitality of the Japanese conception of law are being undercut by the shift from a rural, agricultural economy to an urban, mechanized society.
* * *
Look at other dictionaries:
Japanese war crimes — occurred during the period of Japanese imperialism. Some of the incidents have also been described as an Asian Holocaustcite news| first=Ralph |last=Blumenthal |title=The World: Revisiting World War II Atrocities; Comparing the Unspeakable to the … Wikipedia
Japanese nationality law — Japanese nationality is a legal designation and set of rights granted to those people who have met the federal criteria for citizenship by parentage or by naturalization. Nationality is in the jurisdiction of the Minister of Justice and is… … Wikipedia
Japanese patent law — is based on the first to file principle and is mainly given force by the Patent Act (特許法 Tokkyohō ) of Japan which consists of 204 articles. Article 2 defines an invention as the highly advanced creation of technical ideas by which a law of… … Wikipedia
Japanese Civil Code — ▪ Japanese law Japanese Mimpō, body of private law adopted in 1896 that, with post World War II modifications, remains in effect in present day Japan. The code was the result of various movements for modernization following the Meiji… … Universalium
Law — /law/, n. 1. Andrew Bonar /bon euhr/, 1858 1923, English statesman, born in Canada: prime minister 1922 23. 2. John, 1671 1729, Scottish financier. 3. William, 1686 1761, English clergyman and devotional writer. * * * I Discipline and profession… … Universalium
Japanese Martyrs — • The most famous of the Japanese martyrs are the twenty six who were crucified in Nagasaki in 1597, but thousands of other Japanese died for the faith between 1560 and 1860 Catholic Encyclopedia. Kevin Knight. 2006. Japanese Martyrs … Catholic encyclopedia
Law of Japan — Contents 1 Historical Developments 2 Sources of law 3 Precedent 4 Civil law 4.1 Contracts … Wikipedia
Law and divorce around the world — This article is a general overview of divorce laws around the world. Every nation except Malta,the Philippines and the Vatican City allows legal divorce. [ [http://www.reuters.com/article/worldNews/idUSMAN22419320070213 Filipinos celebrate… … Wikipedia
law — law1 lawlike, adj. /law/, n. 1. the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. 2 … Universalium
Japanese — /jap euh neez , nees /, adj., n., pl. Japanese. adj. 1. of, pertaining to, or characteristic of Japan, its people, or their language. n. 2. a native or inhabitant of Japan. 3. a person of Japanese ancestry. 4. the language of Japan. Abbr.: Japn … Universalium