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An Overview of the Japanese Family Law System : Focusingon a Historical Survey
https://hue.repo.nii.ac.jp/records/1293
https://hue.repo.nii.ac.jp/records/12939195771a-4c52-4a3e-b237-b320636eeeac
| 名前 / ファイル | ライセンス | アクション |
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kenkyu1992150206.pdf (306.8 kB)
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| Item type | 紀要論文 / Departmental Bulletin Paper(1) | |||||||||||
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| 公開日 | 2023-03-01 | |||||||||||
| タイトル | ||||||||||||
| タイトル | An Overview of the Japanese Family Law System : Focusingon a Historical Survey | |||||||||||
| 言語 | en | |||||||||||
| 言語 | ||||||||||||
| 言語 | eng | |||||||||||
| 資源タイプ | ||||||||||||
| 資源タイプ識別子 | http://purl.org/coar/resource_type/c_6501 | |||||||||||
| 資源タイプ | departmental bulletin paper | |||||||||||
| 著者 |
Ogawa, Tomiyuki
× Ogawa, Tomiyuki
× Ogawa, Tomiyuki
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| 内容記述タイプ | Abstract | |||||||||||
| 内容記述 | In 1853 Commodore Perry of the United States of America arrived in Yokohama with the “Black Ships" to present a letter to the Japanese Emperor from President Fillmore. The letter demanded that Japan open its doors to foreign countries. Japan did open its doors to the outside world and concluded a treaty with the United States of America and later with the other Great Powers. Japan was at first in an unequal bargaining position which was reflected in unequal clauses in these treaties. One such clause provided that Japan did not have the authority to judge foreign people in Japan. When the Japanese government later demanded the alteration of these unequal clauses，the U. S. A. and the other Great Powers required the Japanese Government to create a legal system comparable to their own as a condition for altering the treaties. Law in Japan at that time was feudal law. It reflected the class structure of a feudal society. It did not recognize the rights and obligations of the individual and was not suitable to regulate the affairs of a commercial nation engaged in international trade. Furthermore，the Meiji Period was a time of great social change，and the existing law was becoming increasingly inadequate to regulate the new relationships being forged by the growth of commercial activity within the society. There was，in fact，no legal system of the type that existed in Western countries. There was not even a distinction in the law governing civil and criminal behaviour. Japan thus found it necessary to develop a legal system which would be acceptable to the Western Powers. At first，finding the English system of Common Law too complicated it chose the codifying legislation of France as its guide. However there were difficulties. The French legislation had its origins in the French Revolution and the fundamental principles of liberty，equality and fraternity，and the fact that France was a republic， made it inconsistent with the structure of Japanese society and the dominant position of the Emperor in that society. So，instead，Japan turned to German law as its reference for the development of a modem legal system. Following defeat in the Second World War a new constitution was imposed upon Japan by the Allied Forces. This constitution，for the first time，recognized the rights of the individual，and was an attempt by the Allies，particularly the United States to secure the principles of democracy within Japanese society. As a result of this it was necessary again to change the Civil Code to give expression to these principles of the Constitution. In summary，the modem Japanese legal system has its origins in Continental European Civil Law and is therefore quite different from the Anglo-Australian Common Law legal system. In modem times，it has undergone two radical changes to reflect changing conditions crucially，however，despite these changes in many respects it is still a gloss over traditional customs and attitudes. In this article I wish to explain the evolution of Family Law in Japan and its place in the Japanese legal system. I shall conclude with a summary of the Japanese court system. | |||||||||||
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| 内容記述タイプ | Other | |||||||||||
| 内容記述 | Abstract Historical Survey of the Japanese Family Law System A. The Reception of Western Law B. The Meiji Civil Code C. Family Law and Succession in the Meiji Civil Code D. The Post War Civil Code E. Family Law and Succession in the Post War Civil Code. F. The Japanese Court System | |||||||||||
| 書誌情報 |
広島経済大学研究論集 en : HUE Journal of Humanities, Social and Natural Science 巻 15, 号 2, p. 111-122, 発行日 1992-09 |
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| 出版者 | 広島経済大学経済学会 | |||||||||||
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| 収録物識別子タイプ | ISSN | |||||||||||
| 収録物識別子 | 0387-1444 | |||||||||||
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| 収録物識別子タイプ | NCID | |||||||||||
| 収録物識別子 | AN00212152 | |||||||||||
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| 内容記述タイプ | Other | |||||||||||
| 内容記述 | application/pdf | |||||||||||
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| 出版タイプ | VoR | |||||||||||
| 出版タイプResource | http://purl.org/coar/version/c_970fb48d4fbd8a85 | |||||||||||
