Changing Culture on Japan
CHANGING VALUES AND THE LEGAL CUl.TURE IN
JAPAN
FUJIKURA Koichiro
1. THE INDUSTRIALIZATION OF MODERN JAPAN
Since the Meiji Restoration in 1868,Japan has pursued a path of modernization, using the industrialized nations of the West as its model. In this way, modernization in Japan meant westernization and industrialization; it led to the transformation of the traditional governing structure into a highly centralized one and turned the agricultural society into a technologically modern and industrially productive nation.
One ofthe first stepstoward the westernization ofJapan wasthe largescale adoption of modern legal systems, starting with the Meiji Constitution (1889) that was drafted after some field-investigations of the constitutions of major European nations. This was followed by the enactment of the criminal and civil codes which were modeled afterthe German and
French codes. There was an urgent necessity to modernize the traditional
Japanese legal system in order to amend the unequal treaties thrust upon
Japan by the Western powers when the Tokugawa shogunate government was finally forced to open Japan after 260 years ofself-imposed isolation.
Underthese treaties, theWestern nationsrefused to recognize the Japanese government 'sjurisdiction overforeign nationalsin Japan by claiming that the Japanese legalsystemwas grossly inadequate to protect the rights and safety of foreigners.
From its inception the Meiji government strived to build a modem industrial society, capable of mass production, and able to sustain a strong military force. It took Japan only three quarters of a century after the Restoration to achieve a high level of industrial and military development.
However, Japan 's militarism led her into World War 11 and to subsequent defeat at the hands of the Allied Forces. By the end of the war,
Japan 's major industrialsites and plants were almost totally destroyed by the strategic bombing of the United States. In spite of this
JAPAN
FUJIKURA Koichiro
1. THE INDUSTRIALIZATION OF MODERN JAPAN
Since the Meiji Restoration in 1868,Japan has pursued a path of modernization, using the industrialized nations of the West as its model. In this way, modernization in Japan meant westernization and industrialization; it led to the transformation of the traditional governing structure into a highly centralized one and turned the agricultural society into a technologically modern and industrially productive nation.
One ofthe first stepstoward the westernization ofJapan wasthe largescale adoption of modern legal systems, starting with the Meiji Constitution (1889) that was drafted after some field-investigations of the constitutions of major European nations. This was followed by the enactment of the criminal and civil codes which were modeled afterthe German and
French codes. There was an urgent necessity to modernize the traditional
Japanese legal system in order to amend the unequal treaties thrust upon
Japan by the Western powers when the Tokugawa shogunate government was finally forced to open Japan after 260 years ofself-imposed isolation.
Underthese treaties, theWestern nationsrefused to recognize the Japanese government 'sjurisdiction overforeign nationalsin Japan by claiming that the Japanese legalsystemwas grossly inadequate to protect the rights and safety of foreigners.
From its inception the Meiji government strived to build a modem industrial society, capable of mass production, and able to sustain a strong military force. It took Japan only three quarters of a century after the Restoration to achieve a high level of industrial and military development.
However, Japan 's militarism led her into World War 11 and to subsequent defeat at the hands of the Allied Forces. By the end of the war,
Japan 's major industrialsites and plants were almost totally destroyed by the strategic bombing of the United States. In spite of this
References: Friedman, Lawrence M. (1985): Total Justice. New York: Russell-SageFoundation. Haley,John O. (1991): Authority Without Power. Law and the Japanese Paradox. Oxford and New York: Oxford University Press. 218