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Enemies of the Lineage: Widows and Customary Rights in Colonial Korea, 1910-1945
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bstract Enemies of the Lineage: Widows and Customary Rights in Colonial Korea, 1910-1945 by Sungyun Lim Doctor of Philosophy in History University of California, Berkeley Professor Andrew E. Barshay, Chair My dissertation examines Korean widows and their legal rights during the Japanese colonial rule (1910-1945), focusing on widows and their lawsuits over property rights, inheritance and adoption. Utilizing civil case records from the Superior Court of Colonial Korea (Ch!sen K!t! H!in), I argue that women’s rights were diminished by the Korean customs adopted by the judicial system under the Japanese colonial state. By examining the production process of Korean customs in the colonial civil courts, I emphasize Korean agency in the transformation of family customs during the Japanese colonial period. Women’s property and inheritance rights developed in close relationship with the Japanese family policy, which aimed to disintegrate the lineages in Korea into nuclear households. The Japanese colonial state strengthened the household system by protecting customary rights that allowed widows to become house-heads. -
The Graves of 75 Prominent Historical Figures at Yanaka Cemetery
No. Name Profile Years of birth Grave site The graves of 75 prominent historical figures at Yanaka Cemetery and death Hozumi Shigeto 68 Jurist, Justice of the Supreme Court specializing in 1883-1951 乙 11号 2側 Years of birth 穂積 重遠 civil law. Son of Nobushige Hozumi. No. Name Profile and death Grave site Confucian scholar, who studied at the official Akai Kageaki Activist in the democratic movement for freedom Inoue Randai 甲 8号 6側 shogunate school (the Shohei-ko) and fostered 甲 10号 2側 13 and people's rights. 1859-1885 25 1705-1761 赤井 景韶 井上 蘭臺 many disciples. Amatsu Otome Top star of the Takarazuka Revue consisting Ishihara Jun Physicist, who studied the theory of relativity. 1 exclusively of female members. Her real name is 1905-1980 甲 1号 1側 40 Talented poet writing waka poems of working- 1881-1947 乙 4号 4側 天津 乙女 Torii Eiko. 石原 純 class inspiration. Asada Sohaku Confucian scholar & Chinese herbal medicine Ishikawa Chiyomatsu Biologist, who introduced theories of evolution 57 specialist. Well known for cough drops named 1815-1894 乙 8号 10側 26 to Japan. He experimented with breeding ayu 1861-1935 甲 10号 3側 淺田 宗伯 after him. 石川 千代松 successfully. Baba Kocho Writer & translator of Russian writers such as Ito Keisuke Physician, Franz von Siebold's student, who 64 Tolstoy and Gorky. Baba Tatsui's younger 1869-1940 乙 10号 左5側 53 specialized in the study of medicinal plants and 1803-1901 乙 8号 6側 馬場 孤蝶 brother. 伊藤 圭介 translated Thunberg's Flora Japonica. Baba Tatsui Democratic rights activist, political scientist & Jono Saigiku Playwright, journalist, one of the founders of the 65 essayist. -
Indigenization of Constitutionalism in the Japanese Experience, the Christopher A
Case Western Reserve Journal of International Law Volume 28 | Issue 1 1996 Indigenization of Constitutionalism in the Japanese Experience, The Christopher A. Ford Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Christopher A. Ford, Indigenization of Constitutionalism in the Japanese Experience, The, 28 Case W. Res. J. Int'l L. 3 (1996) Available at: https://scholarlycommons.law.case.edu/jil/vol28/iss1/2 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. ARTICLES THE INDIGENIZATION OF CONSTITUTIONALISM IN THE JAPANESE EXPERIENCE ChristopherA. Ford* SINCE ITS OPENING TO THE WORLD in the middle decades of the 19th century, Japan has distinguished itself by its receptivity to foreign legal ideas, adopting from European models not only the very concept of a written constitution but also an elaborate system of cabinet governance, an extensive regime of codified general law, and (more recently) a scheme of constitutional rights and judicial review modeled on the United States Constitution and American judicial precedents. This essay seeks to explore Japan's process of legal adoption and adaptation, with particular emphasis upon how the American-inspired scheme of court-policed constitutional liberties has grown and developed in the soil of its new home. Japan's adoption of foreign legal models - and especially of foreign approaches to constitutional jurisprudence - has displayed characteristic patterns of alteration and adaptation. -
Encyclopedia of Japanese History
An Encyclopedia of Japanese History compiled by Chris Spackman Copyright Notice Copyright © 2002-2004 Chris Spackman and contributors Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.1 or any later version published by the Free Software Foundation; with no Invariant Sections, with no Front-Cover Texts, and with no Back-Cover Texts. A copy of the license is included in the section entitled “GNU Free Documentation License.” Table of Contents Frontmatter........................................................... ......................................5 Abe Family (Mikawa) – Azukizaka, Battle of (1564)..................................11 Baba Family – Buzen Province............................................... ..................37 Chang Tso-lin – Currency............................................... ..........................45 Daido Masashige – Dutch Learning..........................................................75 Echigo Province – Etō Shinpei................................................................ ..78 Feminism – Fuwa Mitsuharu................................................... ..................83 Gamō Hideyuki – Gyoki................................................. ...........................88 Habu Yoshiharu – Hyūga Province............................................... ............99 Ibaraki Castle – Izu Province..................................................................118 Japan Communist Party – Jurakutei Castle............................................135 -
Title the English Positivists and Japan Author(S) MITSUNAGA, Masaaki
Title The English Positivists and Japan Author(s) MITSUNAGA, Masaaki Citation ZINBUN (1992), 26: 45-81 Issue Date 1992-03 URL http://hdl.handle.net/2433/48699 © Copyright March 1992, Institute for Research in Humanities Right Kyoto University. Type Departmental Bulletin Paper Textversion publisher Kyoto University The English Positivists and Japan 孔 1 a s a a k i 恥 1 I T S U N A G A (I) Introduction It is well known that the English Positivists had a special interest in international relationships. Like their master Auguste Comte (1798- 1857), they were interested in how to lead humanity to the ultimate goal of progress. It was in consideration of this that they brought out in 1866 International Policy: Essays on the Foreign Relations of England ,l which A.J.P. Taylor described as ‘the first composite volume in which a number of writers laid down an ideal foreign policy.'2 Their interest in international relationships was also shown in their opposition to imperialism , which has also attracted much attention. As Bernard Porter has put it , their ‘relativistic anthropocentrism' made the Positivists sceptical of the ‘civilisin g mission' of the West ,3 though certainly they did not abandon their belief that the ultimate goal of progress would first be reached by Western countries. However , the particular subject of their relationship with Japan has ben almost completely neglected. At first sight , it might appear that there should have been no significant relationship between the Positivists and Japan. It is certainly true that it was in Latin America that Positivism had had the greatest e 仔ect upon politics and society , and as far as the English Positivists were concerned , their deepest interest obviously lay in India , where some of them conducted ‘missionary' activities. -
The Jury System in Modern Japan: Revolution Failed? Dimitri Vanoverbeke
The Jury System in Modern Japan: Revolution Failed? Dimitri Vanoverbeke This is a story of origins, of “roots” – and also of “routes,” the paths by which we have arrived where we are. – Harold J. Berman, 1983 – Monster, monster, dread our fury, There’s the Judge and we’re the Jury !1 – William Swenck Gilbert and Arthur Sullivan, 1871 – I. Introduction II. Institutions and Explaining Policy Change III. History Matters: Legal Tradition Continued after Meiji IV. Proposals for a Jury System at the Policy Subsystem V. The Path Toward Punctuation: Seeds of Change in the Taish ō Democracy VI. Moving from the Subsystem to the Macro-political Agenda (1919) VII. The Jury Act of 1923: A Real Punctuation? VIII. The Jury in Action IX. Sources on Jury Trials in the T ōhoku Region Reveal Indirect Results X. Conclusion I. INTRODUCTION A jury system or lay assessor system ( saiban-in seido, 裁判員制度) has been in effect in Japan since May 2009. The government is expecting that about 3000 of the severest criminal cases will be judged by a mixed panel consisting of three judges and six drafted citizens. The lay assessor system is just one of a series of major legal reforms initiated in the 1990s that have attempted to fortify the rule of law in Japan and to close the gap between the citizen and the state. 2 Is this jury system new for Japan? Japan actually recorded recurrent debates on the jury since the very beginning of the Meiji era and had a jury system in operation between 1928 and 1942. -
4464 Hayashi.Pdf
Hayashi, Makiko (2016) Constructing the legal profession in modern Japan. PhD thesis. SOAS University of London. http://eprints.soas.ac.uk/26667 Copyright © and Moral Rights for this thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non‐commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this thesis, full bibliographic details including the author, title, awarding institution and date of the thesis must be given e.g. AUTHOR (year of submission) "Full thesis title", name of the School or Department, PhD Thesis, pagination. Constructing the Legal Profession in Modern Japan Makiko HAYASHI Thesis submitted for the degree of PhD 2016 Department of the Languages and Cultures of Japan & Korea SOAS, University of London 1 Abstract This thesis seeks to clarify features in the formation of the modern Japanese legal profession, with particular reference to the development of the judicial system and legal practice. In the early Meiji period legal practice in Japan was carried out by two groups: qualified lawyers, many of whom were former samurai who tended to focus their attention on politics and the social movements of the day, and non-credentialed legal practitioners, who conducted much of the practical day-to-day representation of clients. The continuity of the legal profession and its practices from the Edo era into the Meiji era and the Westernisation of Japan’s judicial systems had established this dual system of qualified and non-credentialed practitioners, as well as hybridised court processes which utilised both adjudication and conciliation procedures. -
Living Law in Japan: Social Jurisprudence in the Interwar Period
Living Law in Japan: Social Jurisprudence in the Interwar Period Colin Philip Charles Jones Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2017 © 2017 Colin Philip Charles Jones All rights reserved ABSTRACT Living Law in Japan: Social Jurisprudence in the Interwar Period Colin Philip Charles Jones Scholarship on modern Japanese law tends to focus on the codification of Japan’s legal system in the 1890s and its dramatic overhaul after 1945. This dissertation argues that the interwar years constituted a third point of inflection that transformed Japanese law and laid the foundation for the Japanese welfare state. In the wake of World War I, amid varied and widespread social tumult, a group of influential professors at Tokyo Imperial University undertook to remake civil law as an instrument of social policy. They rejected the Japanese civil code as it was codified in the 1890s, along with the methods of strict interpretation developed by their teachers. In its place they envisioned a new paradigm of legal thinking and practice that they believed could mend tearing social fabric. Their ideas were inspired by a transnational discourse on the centrality of society to law that emerged at the end of the nineteenth century. In Japan they coalesced into a new and nationally distinct legal movement that came to be called “social jurisprudence” (shakai hōgaku). There were many elements, but the most notable were an emphasis on the indeterminacy of legal interpretation and a preference for informal conflict resolution, as opposed to the formal procedures of the modern judiciary. -
The Introduction of Western Learning Into Japan'
THE INTRODUCTION OF WESTERN LEARNING INTO JAPAN’ THE FIRST PERIOD HE intercourse of Japan with the West began, in the T middle of the sixteenth century, with the coming of the Portuguese ships to the coast of KyGshG ( 1543). Not long after came the English, the Dutch, and the Spanish. The Portuguese and Spaniards were indiscriminately called Nanban, which means “southern foreigners,” as their pos- sessions in Asia lay to the south of Japan, just as in the present day we speak of all white people as Seiyo^jitz, “men of the western seas.” At this period the shogunate of the Ashikaga family was tottering toward its fall. The ShGgun, or Sei-I-Tai-ShG-Gun (which was the full title, meaning “Generalissimo for the Subjugation of Barbarians”), was the head of the military class and de fncto ruler of the country; for the Emperor and the civil lords who formed his court had very little or no real power, although they were reverenced by the people and outwardly treated with honor and deference by the sh8gun and his followers. The office of shijgun had at the time of the first coming of the Portuguese been hereditary in the Ashikaga family for over two hundred years, but in the feeble hands of its latest representatives its authority had gradually been weakened until the great military chiefs throughout the country paid but little attention to their orders and were continually fighting against one another in 1 A lecture presented at the inauguration of the Rice Institute, by the Right Honorable Baron Dairoku Kikuchi, Rigakuhakushi, M.A., LL.D., Privy Coun- cilor, President of the Imperial Academy, Honorary Professor of the Imperial University of Tokyo. -
To the Present-Day Observer, the Differences Between the Place of Christianity in Japan and South Korea Could Hardly Be Plainer
Christian Culture and Military Rule: Assimilation and its Limits during the First Decade of Japan‟s Colonial Rule in Korea, 1910-19 by Michael Isaac Shapiro A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in History in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Andrew E. Barshay, Chair Professor Irwin Scheiner Professor John Lie Fall 2010 Christian Culture and Military Rule: Assimilation and its Limits during the First Decade of Japan‟s Colonial Rule in Korea, 1910-19 Copyright 2010 by Michael Isaac Shapiro 1 Abstract Christian Culture and Military Rule: Assimilation and its Limits during the First Decade of Japan‟s Colonial Rule in Korea, 1910-19 By Michael Isaac Shapiro Doctor of Philosophy in History University of California, Berkeley Professor Andrew Barshay, Chair This is a study of the encounter between Japanese imperialism and Korean Protestantism during the the first decade of colonial rule in Korea (1910-19), typically referred to in historiography as the “military rule” period. By examining how Japanese and Korean Protestants adapted themselves to the demands of Japan‟s colonial rule, it attempts to reveal how the efforts made to subordinate Korean Christianity to Japanese imperial rule became a means of symbolically colonizing Korean history. The dissertation explores how this colonial project played out across Japanese metropole and Korean colony by focusing on the Japanese empire‟s attempts to subordinate a global evangelical institution, the Young Men‟s Christian Association (YMCA) to an education policy premised upon the selfless devotion of Koreans to Japan‟s imperial house. -
Some Observations on the Sociology of Religion in Japan
Some Observations on the Sociology of Religion in Japan Y a n a g a w a K ei,ichi and A b e Y o s h iy a An overview of the sociological study of religion in Japan was given by Professor Morioka at the Seventh World Congress of Sociology in 1970. His paper, together with a well-selected bibliography of Japanese works on the sociology of religion, has been reprinted in his Religion in changing Japanese society (1975a). The present paper,accordingly, will attempt to be analytical and suggestive rather than descriptive. It may be relevant,however, to begin by mentioning those academic institutions and societies where work on the sociology of religion is being done. Although there is no specific chair in the sociology of religion at any academic institution in Japan, a considerable amount of research is being done at the University of Tokyo,Tokyo Uni versity of Education,Tsukuba University, Kyushu University, Tokyo Metropolitan University, Sophia University, Keio Uni versity, etc., either in departments of religious studies or in those of sociology or anthropology. Among research institutes,the National Museum of Anthropology at Osaka, the Southeast Asia Area Studies Center of Kyoto University,and the Nanzan In stitute for Religion and Culture (Nagoya) are worthy of note. Among academic associations,the Japan Sociological Society (founded in 1923 with a present membership of 1,500) organized a Division of the Sociology of Religion three years ago with the participation of about twenty members. Approximately fifty researchers of the Japanese Society of Ethnology (founded in 1934 with a present membership of 1,200) and ten of the Japanese Reprinted by permission from pp. -
Comparative Law and the Civil Code of Japan (1)
Hitotsubashi Joumal of Law and Polittcs 24 ( 1996), pp. 27-45. C The Hitotsubashi Academy COMPARATIVE LAW AND THE CIVIL CODE OF JAPAN (1) SHUSEI ONo I. Introduction - The Civil Code of Japan (1896-98) (Vol.24) II . Fundamental Concepts III . General Provisions IV. Law of Property (Real Rights) V. Law of Obligations VI. Conclusion I Introduction - The Civil Code of Japan l . Formation of the Code and the Role of Comparative Law (a) In Japan at the end of 1867 the ancient r6gime under the feudal government [Feudal Tokugawa R~gime] collapsed and the modern reformation began in 1868 (Meiji Era). The new Japanese government hastily tried to establish a new unified modern country. The principle tenet of the government was the development of measures to enrich and strengthen the country. Because the country was burdened by unequal treaties which were forced on Japan by western powers during the last period of the Tokugawa r6gime, e,g., in 1858, Japan was compelled to unilaterally offer most-favored-nation treatment to western countries and lost the autonomy to determine customs rates and even ceded extra-territorial jurisdiction. There was also the urgent danger of loss of territorial integrity.l Abolishing these unequal treaties was one of the main goals of the new government, although extra-territoriality survived until 1899 and Japan did not recover customs autonomy until 191 1, e.g., it survived for nearly half a century (53 years). (b) (i) The development of modern legal codes was undertaken to open the way to amend l An unequal treaty was concluded first between Japan and the U.S.