The Meiji Constitution: Theory and Practice
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Franziska Seraphim Associate Professor, History Department Director of Asian Studies Boston College
Seraphim, p. 1 9/14/2017 Franziska Seraphim Associate Professor, History Department Director of Asian Studies Boston College Office phone: 617-552-2142 E-mail: [email protected] PROFESSIONAL APPOINTMENTS Boston College 2007- Associate Professor of History 2001-2006 Assistant Professor of History Duke University 2000-2001 Visiting Assistant Professor of History EDUCATION Columbia University, New York February 2001 Ph.D. in Japanese History Dissertation: "Negotiating the Post-War: Politics and War Memory in Japan, 1945- 1995." May 1994 M.Phil. in Japanese History Major Fields: 19th-century Japan, 20th-century Japan th th Minor Fields: 20 -century German history, 20 -century German critical theory October 1992 M.A. in Japanese History Master's Thesis: "The Discourse about War Responsibility in Early Postwar Japan, 1945-1960." University of California at Berkeley May 1991 B.A. in Asian Studies Honor's Thesis: "Constitutional Thought and Political Compromise as Building Blocks of the Modern Japanese State: Inoue Kowashi and Hermann Roesler." Magna cum laude. Maximiliansgymnasium Munich, Germany June 1986 Abitur (College-level state examination) Major Fields: German and English literature Minor Fields: Theology, Chemistry LANGUAGES Fluency in written and spoken Japanese. Native fluency in German. AWARDS 2016 Exploratory Technology Grant (ETG), Boston College (summer) 2014 Northeast Asia Council (NEAC) of the Association for Asian Studies conference grant for workshop on “’Juridical Arenas’ of the Allied War Crimes Trial Program” 2013-15 Multi-year grant for conferencing and GIS mapping project, Institute for the Liberal Arts, Boston College Seraphim, p. 2 9/14/2017 2012 NEH Fellowship for 12 months of research/writing 2011 ACLS Fellowship for 12 months of research/writing (6 months taken) 2010 Research Expense Grant (summer) Boston College—research trip to Japan 2009 Research Expense Grant (summer ) Boston College—research trip to Europe 2009 Clough Center Graduate Research Assistantship, Clough Center for the Study of Constitutional Democracy, Boston College. -
It Would Make No Sense for Article 9 to Mean What It Says, Therefore It Doesn’T
Volume 11 | Issue 39 | Number 2 | Article ID 4001 | Sep 29, 2013 The Asia-Pacific Journal | Japan Focus It Would Make No Sense for Article 9 to Mean What it Says, Therefore It Doesn’t. The Transformation of Japan's Constitution 日本国憲法の変容 9条の文面は意味不明。しかるに文 字通り受け止めるべからず C. Douglas Lummis It should be done quietly. One day everybody woke up and found that the Weimar Constitution had been Nihonkoku Kenpo Kaisei Soan (Proposal for changed, replaced by the Nazi Amendment of the Constitution of Japan) Constitution. It changed without anyone noticing. Maybe we could Central Office for the Promotion of learn from that. No hullabaloo. Constitutional Reform: Drafting Committee The Liberal Democratic Party of Japan Aso was bombarded with criticism from within Japan and from around the world, from people 27 April, 2012 shocked to learn that there is a political leader Nihonkoku Kenpo Kaisei Soan: Q&A (Proposal in a major democratic country who could for Amendment of the Constitution of Japan: confess to believing that something useful Q&A) about how to deal with democratic constitutions can be learned from the Nazi Central Office for the Promotion ofexample. After a couple of days, he “retracted” Constitutional Reform the statement. Trouble is, you can’t talk the cat back into the bag once you’ve let it out. And The Liberal Democratic Party of Japan also, if you make a statement that reveals your dreadful ignorance (The Weimar Constitution October, 2012 was never amended by the Nazis; the Nazis did not take over the government “quietly”) There is a rumor in Japan that Aso Taro, former retracting it will not persuade people that you Prime Minister and present Deputy Prime weren’t so ignorant after all. -
Japan Imperial Institution: Discourse and Reality of Political and Social Ideology
Volume 3, Issue 10, October– 2018 International Journal of Innovative Science and Research Technology ISSN No:-2456-2165 Japan Imperial Institution: Discourse and Reality of Political and Social Ideology Reihani Suci Budi Utami I Ketut Surajaya Under graduate student Japanese Studies Program Professor of History, Department of History, Faculty of Humanities University Indonesia, Depok 16424, Japanese Studies Program Faculty of Humanities University Indonesia Indonesia, Depok 16424, Indonesia Abstract:- This study discussed the position and role of state slogan Fukoku Kyouhei(Strong Military Rich State) the Emperor based on two Constitutions that have been proclaimed by Meiji government. and are in force in Japan, namely the Meiji Constitution and the 1947 Constitution. The focus of this study was to The Japan State Constitution, passed in 1946 and describe Articles governing the position and role of the implemented in 1947, was compiled during the American Emperor in Japanese government are implemented. The Occupation under General Douglas MacArthur. Democracy study found that articles governing the position of and peace were the ideological foundation of the 1947 Emperor in the Meiji Constitution were not properly Constitution. The Imperial Institution was separated from implemented due to military domination in the the State institutions that run the Government. The position government. Emperor Hirohito in reality did not have of the Emperor as symbol of State union shall not interfere full power in carrying out his functions according to the in administration affairs of the Government. institution. Articles governing the position and function of the Emperor in the 1947 Constitution are proper. In the Meiji Constitution, the Emperor was a Head of Emperor Hirohito, who was later replaced by Prince State who had wide prerogative rights. -
The Constitution of Japan (1947)
Primary Source Document with Questions (DBQs) THE CONSTITUTION OF JAPAN (1947) Introduction The American Occupation of Japan was premised on the notion that the thorough demilitarization and democratization of the defeated nation would make the world forever safe from the renewed threat of Japanese aggression. The drafting of a new, democratic constitution was considered essential to Japan’s recasting as a peaceful member of the community of nations. After a Japanese commission failed to produce a new national constitution sufficiently progressive for the Occupation’s liking, a document was drafted (over the span of only a week’s time) in-house by American staff and presented to the Japanese government for translation and enactment. The Japanese had no choice but to follow orders and the new constitution, somewhat awkwardly worded as the result of its English-language origins, was promulgated in November 1946 and came into effect on May 3, 1947. Many scholars have noted the irony of the Occupation installing democratic political institutions in Japan through transparently authoritarian means: the Japanese, it has been said, were “forced to be free” by their American occupiers. Nonetheless, the 1947 Constitution was readily embraced by the Japanese people and has endured (with not a single amendment over the past six decades) as a sound basis for Japan’s postwar democracy. The most celebrated section of the 1947 Constitution is Article 9, often called the “no war” clause. Debate swirled immediately around Article 9, which was very popular among the Japanese people but which proved troubling to the United States. Although American Occupation officials drafted the “no war” clause, American military planners soon sought a remilitarized Japan as an ally in the Cold War and found Article 9 a serious impediment. -
Constitutional Reform in Japan
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2019 Constitutional Reform in Japan Nobuhisa Ishizuka Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Law and Politics Commons Recommended Citation Nobuhisa Ishizuka, Constitutional Reform in Japan, 33 COLUM. J. ASIAN L. 5 (2019). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2714 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. 2019] CONSTITUTIONAL REFORM IN JAPAN 5 CONSTITUTIONAL REFORM IN JAPAN Nobuhisa Ishizukm INTRODUCTION Over seventy years ago it would have seemed inconceivable in the aftermath of a calamitous war that a complete reorientation of Japan into a pacifist society, modeled on Western principles of individual rights and democracy, would succeed in upending a deeply entrenched political order with roots dating back centuries.2 The post-war Japanese constitution lies at the heart of this transformation. Drafted, negotiated and promulgated a mere fourteen months after Japan's formal surrender, 3 it has remained a model of stability amidst transformational changes in the domestic and international political landscape. 4 In the seventy-plus years since its adoption, it has not been amended once.s 1 Executive Director, Center for Japanese Legal Studies, and Lecturer in Law, Columbia Law School. The author would like to acknowledge the research assistance of Nicole Frey, Columbia Law School LL.M. -
State Shinto”
Recent Research on “State Shinto” Okuyama Michiaki 奥山倫明 Nanzan Institute for Religion & Culture As a scholarly concept, the concept of State Shinto has been developing, especially after 1945, to refer to the prewar situation surrounding the sup- port and management shrine matters by the state. Academic works are accumulating, both on the concept of State Shinto itself and on the elements that concretely constituted State Shinto. This essay will first summarize the scholarly institutions surrounding the researches related to State Shinto developed in the past fifteen years or so. Then it will try to give an overview of the related sites and facilities of State Shinto, elements that concretely constituted prewar State Shinto. elen Hardacre published Shinto: A History in 2017. In this book she “tries to address the issue of continuity in Shinto history from a new vantage point,” after Kuroda Toshio’s theory on Shinto dismantled “the rhetoric of Shinto as ‘the indigenous religion of HJapan’” in the 1980s (5). Hardacre discusses the subject of modern Shinto in the following five chapters in this book: Chapter 12 entitled “Shinto and the Meiji State”; Chapter 13 “Shinto and Imperial Japan; Chapter 14 “Shinto from 1945 through 1989”; Chapter 15 “Shrine Festivals and Their Changing Place in the Public Sphere”; and Chapter 16 “Heisei Shinto.” These five chapters occupy approximately one-third of the main text of the volume (198 among 552 pages). In this book, “State Shinto” is not a main topic, but nevertheless she pays sig- nificant attention to it. In the introduction that summarizes the contents of each chapter, Hardacre comments on the term “State Shinto” in referring to Chapter 12. -
Geography of Japan
Family (The Emperor’s Family) Ie (family) system • The Civil Code of Meiji, 1898 Ie (family) consists of the head of the household and other members who live in the same house, and registered in one registry (Koseki) • This system was abolished in the new constitution in 1947. The Traditional Family • Head of the household is the unquestioned boss • The wishes and desires of individual family members must be subordinated to the collective interest of family • The eldest son is the heir both to the family fortunes and to the responsibility of family (primogeniture) • Marriages often arranged by parents • Several generations of family members live together Responsibilities of the Head of the Household • Economic welfare of the family, duty to support the family • Administration of family property • Welfare of deceased ancestors, conducting proper ceremonies in their honor • Overseeing conduct and behavior of family members Joining the Family • By birth • By marriage • Adoption The Contemporary Family • Nuclear Family • Marriage: Miai & Ren-ai marriages • Husband and Wife Relationships • Divorce • Old Age Koseki: Family Registration System • Today’s koseki system: only two generations of family, husband and wife and children who share the same family name. • Jūminhyō: residence card • Ie (Kazoku) seido : institutionalized family system • 1898 Civil code • 1947 New Civil Code: Family system and the right of primogeniture were abolished. Equal rights for men and women Changing Status of Women The first female governor of Tokyo since August 2016. Japanese Women in the Modern History • 1868 Meiji Restoration • 1872 The Fundamental Code of Education requires four years of compulsory education for both boys and girls. -
Is Confucianism Philosophy? the Answers of Inoue Tetsujirō and Nakae Chōmin
Is Confucianism philosophy ? The answers of Inoue Tetsujirō and Nakae Chōmin Eddy Dufourmont To cite this version: Eddy Dufourmont. Is Confucianism philosophy ? The answers of Inoue Tetsujirō and Nakae Chōmin . Nakajima Takahiro. Whither Japanese Philosophy 2? Reflections through Other Eyes, , University of Tokyo Center of Philosophy, 2010. hal-01522302 HAL Id: hal-01522302 https://hal.archives-ouvertes.fr/hal-01522302 Submitted on 19 May 2017 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. 71 4 Is Confucianism philosophy ? The answers of Inoue Tetsujirō and Nakae Chōmin Eddy DUFOURMONT University of Bordeaux 3/ CEJ Inalco Introduction: a philosophical debate from beyond the grave Is Chinese thought a philosophy? This question has been discussed by scholars in the last years from a philosophical point of view,1 but it is possible also to adopt a historical point of view to answer the ques- tion, since Japanese thinkers faced the same problem during Meiji period (1868–1912), when the acquisition of European thought put in question the place of Chinese -
The Birth of the Parliamentary Democracy in Japan: an Historical Approach
The Birth of the Parliamentary Democracy in Japan: An Historical Approach Csaba Gergely Tamás * I. Introduction II. State and Sovereignty in the Meiji Era 1. The Birth of Modern Japan: The First Written Constitution of 1889 2. Sovereignty in the Meiji Era 3. Separation of Powers under the Meiji Constitution III. The Role of Teikoku Gikai under the Meiji Constitution (明治憲法 Meiji Kenp ō), 1. Composition of the Teikoku Gikai ( 帝國議会) 2. Competences of the Teikoku Gikai IV. The Temporary Democracy in the 1920s 1. The Nearly 14 Years of the Cabinet System 2. Universal Manhood Suffrage: General Election Law of 1925 V. Constitutionalism in the Occupation Period and Afterwards 1. The Constitutional Process: SCAP Draft and Its Parliamentary Approval 2. Shōch ō ( 象徴) Emperor: A Mere Symbol? 3. Popular Sovereignty and the Separation of State Powers VI. Kokkai ( 国会) as the Highest Organ of State Power VII. Conclusions: Modern vs. Democratic Japan References I. INTRODUCTION Japanese constitutional legal history does not constitute a part of the obligatory legal curriculum in Hungary. There are limited numbers of researchers and references avail- able throughout the country. However, I am convinced that neither legal history nor comparative constitutional law could be properly interpreted without Japan and its unique legal system and culture. Regarding Hungarian-Japanese legal linkages, at this stage I have not found any evidence of a particular interconnection between the Japanese and Hungarian legal system, apart from the civil law tradition and the universal constitutional principles; I have not yet encountered the Hungarian “Lorenz von Stein” or “Hermann Roesler”. * This study was generously sponsored by the Japan Foundation Short-Term Fellowship Program, July-August, 2011. -
The Flexible Structure of Politics in Meiji Japan
DLPPolicy and Practice for Developmental Leaders, Elites and Coalitions DEVELOPMENTAL LEADERSHIP PROGRAM Research Paper 07 The Flexible Structure of Politics in Meiji Japan Junji Banno, Professor Emeritus, The University of Tokyo and Kenichi Ohno, Professor Emeritus., The University of Tokyo April 2010 www.dlprog.org The Developmental Leadership Program (DLP) addresses an important gap in international thinking and policy about the critical role played by leaders, elites and coalitions in the politics of development. This growing program brings together business, academic and civil society partners from around the world to explore the role of human agency in the processes of development. DLP will address the policy, strategic, and operational implications about ‘thinking and working politically’ - for example, about how to help key players solve collective action problems, negotiate effective institutions and build stable states. The Developmental Leadership Program E: [email protected] W: www.dlprog.org 3 Abstract Japan’s transformation period following the encounter with the powerful West, in which the political regime was revised and new national goals and strategies were agreed, started with the signing of commercial treaties with the West in 1858 and ended with the settlement on the basic directions of political and economic reforms in 1881. In the intervening years, two goals of establishing a public delib- eration mechanism (kogi yoron) and raising economic and military capability (fukoku kyohei) were set, which later split into four policy groups of a constitution, a national assembly, industrialization, and foreign expedition. The simultaneous pursuit and eventual achievement of multiple goals was supported by the flexible structure of politics in which goals, alliances, and leaders and leading groups evolved dynamically without solidifying into a simple hard structure or falling into uncontrollable crisis. -
Chapter 1. Meiji Revolution: Start of Full-Scale Modernization
Seven Chapters on Japanese Modernization Chapter 1. Meiji Revolution: Start of Full-Scale Modernization Contents Section 1: Significance of Meiji Revolution Section 2: Legacies of the Edo Period Section 3: From the Opening of Japan to the Downfall of Bakufu, the Tokugawa Government Section 4: New Meiji Government Section 5: Iwakura Mission, Political Crisis of 1873 and the Civil War Section 6: Liberal Democratic Movement and the Constitution Section 7: End of the Meiji Revolution It’s a great pleasure to be with you and speak about Japan’s modernization. Japan was the first country and still is one of the very few countries that have modernized from a non-Western background to establish a free, democratic, prosperous, and peace- loving nation based on the rule of law, without losing much of its tradition and identity. I firmly believe that there are quite a few aspects of Japan’s experience that can be shared with developing countries today. Section 1: Significance of Meiji Revolution In January 1868, in the palace in Kyoto, it was declared that the Tokugawa Shogunate was over, and a new government was established under Emperor, based on the ancient system. This was why this political change was called as the Meiji Restoration. The downfall of a government that lasted more than 260 years was a tremendous upheaval, indeed. It also brought an end to the epoch of rule by “samurai,” “bushi” or Japanese traditional warriors that began as early as in the 12th century and lasted for about 700 years. Note: This lecture transcript is subject to copyright protection. -
The Legalization of Hinomaru and Kimigayo As Japan's National Flag
The legalization of Hinomaru and Kimigayo as Japan's national flag and anthem and its connections to the political campaign of "healthy nationalism and internationalism" Marit Bruaset Institutt for østeuropeiske og orientalske studier, Universitetet i Oslo Vår 2003 Introduction The main focus of this thesis is the legalization of Hinomaru and Kimigayo as the national flag and anthem of Japan in 1999 and its connections to what seems to be an atypical Japanese form of postwar nationalism. In the 1980s a campaign headed by among others Prime Minister Nakasone was promoted to increase the pride of the Japanese in their nation and to achieve a “transformation of national consciousness”.1 Its supporters tended to use the term “healthy nationalism and internationalism”. When discussing the legalization of Hinomaru and Kimigayo as the national flag and anthem of Japan, it is necessary to look into the nationalism that became evident in the 1980s and see to what extent the legalization is connected with it. Furthermore we must discuss whether the legalization would have been possible without the emergence of so- called “healthy nationalism and internationalism”. Thus it is first necessary to discuss and try to clarify the confusing terms of “healthy nationalism and patriotism”. Secondly, we must look into why and how the so-called “healthy nationalism and internationalism” occurred and address the question of why its occurrence was controversial. The field of education seems to be the area of Japanese society where the controversy regarding its occurrence was strongest. The Ministry of Education, Monbushō, and the Japan Teachers' Union, Nihon Kyōshokuin Kumiai (hereafter Nikkyōso), were the main opponents struggling over the issue of Hinomaru, and especially Kimigayo, due to its lyrics praising the emperor.