History Of Law In Japan Since 1868

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History Of Law In Japan Since 1868

Author : Wilhelm Röhl
Publisher : BRILL
Page : 858 pages
File Size : 41,8 Mb
Release : 2005
Category : Law
ISBN : 9789004131644

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History Of Law In Japan Since 1868 by Wilhelm Röhl Pdf

A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.

A History of Law in Japan until 1868

Author : Carl Steenstrup
Publisher : BRILL
Page : 219 pages
File Size : 45,9 Mb
Release : 2021-12-06
Category : History
ISBN : 9789004483965

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A History of Law in Japan until 1868 by Carl Steenstrup Pdf

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.

Justice and International Law in Meiji Japan

Author : Giorgio Fabio Colombo
Publisher : Taylor & Francis
Page : 138 pages
File Size : 42,5 Mb
Release : 2023-02-10
Category : History
ISBN : 9781000834765

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Justice and International Law in Meiji Japan by Giorgio Fabio Colombo Pdf

This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

A History of Law in Japan Until 1868

Author : Carl Steenstrup
Publisher : BRILL
Page : 228 pages
File Size : 54,9 Mb
Release : 1996-01-01
Category : Social Science
ISBN : 9004104534

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A History of Law in Japan Until 1868 by Carl Steenstrup Pdf

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.

Public Law, Private Practice

Author : Darryl E. Flaherty
Publisher : BRILL
Page : 347 pages
File Size : 49,7 Mb
Release : 2020-03-17
Category : History
ISBN : 9781684175246

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Public Law, Private Practice by Darryl E. Flaherty Pdf

Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan’s legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600–1868), they worked from the shadows to bend the shogun’s law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868–1912). This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation’s public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highlights its lasting contributions in founding private universities, political parties, and a national association of lawyers that contributed to legal reform during the twentieth century.

Law in Japan

Author : Daniel H. Foote
Publisher : University of Washington Press
Page : 704 pages
File Size : 42,9 Mb
Release : 2011-10-17
Category : Social Science
ISBN : 9780295801353

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Law in Japan by Daniel H. Foote Pdf

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.

Colonial Administration and Land Reform in East Asia

Author : Sui-Wai Cheung
Publisher : Taylor & Francis
Page : 219 pages
File Size : 52,6 Mb
Release : 2017-07-14
Category : Social Science
ISBN : 9781351737906

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Colonial Administration and Land Reform in East Asia by Sui-Wai Cheung Pdf

The legal recognition of private land ownership -- Conclusion -- Notes -- PART V: Land reform in China to the 1930s -- 12. Too little, too late: China catching up on land registration in the 1930s -- Compiling the cadastral record -- Ownership under the Land Law -- Conclusion -- Notes -- Glossary of Chinese characters -- Index.

The Formation of Modern Japan

Author : Kichisaburō Nakamura
Publisher : Honolulu, East West Center P
Page : 252 pages
File Size : 48,6 Mb
Release : 1962
Category : Japan
ISBN : UOM:39015024594395

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The Formation of Modern Japan by Kichisaburō Nakamura Pdf

Japan in Transition

Author : Marius B. Jansen,Gilbert Rozman
Publisher : Princeton University Press
Page : 499 pages
File Size : 43,5 Mb
Release : 2014-07-14
Category : Social Science
ISBN : 9781400854301

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Japan in Transition by Marius B. Jansen,Gilbert Rozman Pdf

In this book social scientists scrutinize the middle decades of the nineteenth century in Japan. That scrutiny is important and overdue, for the period from the 1850s to the 1880s has usually been treated in terms of politics and foreign relations. Yet those decades were also of pivotal importance in Japan's institutional modernization. As the Japanese entered the world order, they experienced a massive introduction of Western-style organizations. Sweeping reforms, without the class violence or the Utopian appeal of revolution, created the foundation for a modern society. The Meiji Restoration introduced a political transformation, but these chapters address the more gradual social transition. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Japanese Legal System

Author : Dean
Publisher : Cavendish Publishing
Page : 596 pages
File Size : 41,5 Mb
Release : 2002-02-14
Category : Law
ISBN : 9781843143222

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Japanese Legal System by Dean Pdf

Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business

Japanese Law

Author : Hiroshi Oda
Publisher : Oxford University Press, USA
Page : 545 pages
File Size : 51,8 Mb
Release : 2021-03
Category : Law
ISBN : 9780198869474

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Japanese Law by Hiroshi Oda Pdf

This title provides an in-depth and comprehensive look at Japanese law, primarily looking at private law. Updated to include new case law, amendments, judgements, and Supreme Court cases since the last edition in 2009, this is an essential work for all dealing with Japanese law.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 51,8 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565518

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Who Rules Japan?

Author : Leon Wolff,Luke Nottage,Kent Anderson
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 55,7 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781784717490

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Who Rules Japan? by Leon Wolff,Luke Nottage,Kent Anderson Pdf

The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba

The Rule of Law in Japan

Author : Carl F. Goodman
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 53,9 Mb
Release : 2017-04-01
Category : Law
ISBN : 9789041186751

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The Rule of Law in Japan by Carl F. Goodman Pdf

Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.

The Dynamics of Regional Innovation

Author : Yveline Lecler,Tetsuo Yoshimoto
Publisher : World Scientific
Page : 523 pages
File Size : 40,9 Mb
Release : 2012
Category : Business & Economics
ISBN : 9789814360593

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The Dynamics of Regional Innovation by Yveline Lecler,Tetsuo Yoshimoto Pdf

All over the world, open innovation is emerging and requires much more interactions between different actors with different organizational cultures: large firms and SMEs (i.e. industry), universities and research institutions (i.e. academia), as well as national and regional authorities for building the legal or incentive framework of innovation (i.e government). Certainly, flows of knowledge between these three spheres, which are also known as the triple helix, have always existed; but what appears to be new in an open innovation environment is the overlapping of their missions. In many areas such multi-actor interactions with overlapping roles did not emerge spontaneously, as was the case with the United States. Based on robust cases studied by researchers and practical experiences of personnel involved in innovation at public or private institutions, this book successively discusses the policy framework in Europe and Japan, the new role for universities due to intellectual property reform or technology transfer promotion, the new challenges for firms in terms of licensing, patents, corporate venturing, including entrepreneurship, incubation, venture capital or cross-industry knowledge sharing. All issues addressed in this book are clearly those toward regional innovation policies and practices that are open in nature. It contains descriptions and analysis of the various approaches taken by industrial, governmental, and academic players in various regions of Japan (Tohoku, Tokyo) and Europe (France, Belgium). The mix of theoretical and empirical material collected in this book was first presented at an international symposium in Tokyo. The dynamics of regional innovation is an on-going issue, and we are still standing at the threshold of this field of research. It is exactly why such a book is needed now.