A History of Law in Japan until 1868 / Edition 2

Hardcover (Print)
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Overview

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.

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Editorial Reviews

Booknews
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.
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Product Details

  • ISBN-13: 9789004104532
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 2/1/1996
  • Series: Handbook of Oriental Studies. Section 5 Japan Series , #5
  • Edition description: 2. impr. with corrections
  • Edition number: 2
  • Pages: 202
  • Product dimensions: 6.52 (w) x 9.56 (h) x 0.77 (d)

Table of Contents

Preface
Preface to the Second Impression
List of Abbreviations
Ch. 1 From the Earliest Times to the Taika Reforms
Prehistory 1
Proto-History 6
Early History 16
Institutions of Archaic Japan 21
Laws of Archaic Japan 24
Ch. 2 From the Taika Reforms to the Establishment of Military Rule
Why Taika? 30
The Reform 32
Basic Legislation 34
The Administration 39
The Social Classes 42
Taxes 45
The Function of Law 48
The Family 50
Succession 55
Property and Transactions 58
Penal Law 59
The Administration of Law 62
The Re-Privatization of Land 66
Ch. 3 From the Establishment of Military Rule until the Founding of the Tokugawa Dynasty
A Taira, Minamoto, and Hojo Rule 71
B Ashikaga Rule 98
C Warlord Rule 102
Ch. 4 Tokugawa Law
The Political Scene 108
The Administration 111
Why the System was Stable 115
The Classes 116
The Function of Law 121
How the System Developed 122
Tensions in Tokugawa Society 124
The Workings of the Status System 127
The Family 130
Succession 133
The Villagers and Their Customs 136
The Town-Dwellers and Their Customs 137
Property and Transactions 139
Labour Law 143
Credit and its Protection 146
Commercial Organization 148
Penal Law 150
The Administration of Law 154
Bibliography 160
Periodization 192
Note on Transcription 196
Index 197
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