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.
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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More About This Textbook
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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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.Product Details
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