Glossary

1.3 Meiji Restoration and legal modernization

11 min read•august 21, 2024

The Meiji Restoration marked a turning point in Japanese history, transforming the nation from a feudal society to a modern state. This period saw sweeping changes to Japan's legal and governmental systems, laying the groundwork for contemporary Japanese law.

Legal reforms during this era aimed to align Japan with Western standards while preserving aspects of Japanese culture. Key developments included the abolition of the feudal system, the creation of a modern court system, and the adoption of new legal codes inspired by European models.

Historical context of Meiji Restoration

  • Marks a pivotal period in Japanese history transforming the country from a feudal society to a modern nation-state
  • Significantly impacted the development of Japan's legal and governmental systems laying the foundation for contemporary Japanese law

Tokugawa shogunate decline

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  • Weakening of centralized feudal control led to economic instability and social unrest
  • Increasing dissatisfaction among lower-ranking samurai and peasants fueled opposition to the shogunate
  • Internal corruption and ineffective governance undermined the shogunate's authority
  • Natural disasters and famines exacerbated existing socio-economic problems

Western influence and pressure

  • Arrival of Commodore Matthew Perry's "Black Ships" in 1853 forced Japan to open its borders
  • Unequal treaties with Western powers (Treaty of Kanagawa) exposed Japan's technological and military inferiority
  • Influx of Western ideas and technologies sparked interest in modernization among Japanese intellectuals
  • Growing fear of colonization by Western powers motivated rapid reforms and modernization efforts

Imperial restoration movement

  • Sonnō jōi ("Revere the Emperor, expel the barbarians") ideology gained popularity among discontented samurai
  • Alliance between powerful domains (Satsuma, Chōshū, Tosa) formed to overthrow the shogunate
  • Emperor Kōmei's death in 1867 provided an opportunity for pro-imperial forces to act
  • Tokugawa Yoshinobu's resignation as shogun in 1867 paved the way for the restoration of imperial rule

Key figures and events

  • Transformation of Japan's political and legal landscape involved numerous influential individuals and critical events
  • Understanding these key players and occurrences provides insight into the complex process of modernization and legal reform

Emperor Meiji's role

  • Ascended to the throne in 1867 at the age of 14 becoming the symbolic figurehead of the restoration
  • Moved the imperial capital from Kyoto to Tokyo signaling a break from the old feudal system
  • Issued the Charter Oath in 1868 outlining the principles of modernization and reform
  • Supported the adoption of Western-style institutions and technologies while maintaining Japanese cultural identity
  • Oversaw the transition from absolute monarchy to constitutional monarchy with the promulgation of the in 1889

Iwakura Mission

  • High-level diplomatic mission to the United States and Europe from 1871 to 1873
  • Led by Iwakura Tomomi included prominent figures (Ōkubo Toshimichi, Kido Takayoshi, Itō Hirobumi)
  • Aimed to renegotiate unequal treaties and study Western political, economic, and legal systems
  • Resulted in the adoption of various Western models for Japan's modernization efforts
  • Influenced the development of Japan's legal system particularly in areas of constitutional law and civil code

Satsuma Rebellion

  • Last major armed uprising against the Meiji government led by Saigō Takamori in 1877
  • Stemmed from discontent among former samurai over the loss of their privileged status and rapid modernization
  • Demonstrated the government's ability to mobilize a modern conscript army to suppress internal threats
  • Marked the end of the samurai class as a significant political and military force in Japan
  • Reinforced the need for a strong and legal system to maintain order and stability
  • Comprehensive overhaul of Japan's legal system to align with Western standards and facilitate modernization
  • Aimed to establish a modern nation-state capable of competing with Western powers on equal footing

Abolition of feudal system

  • Dismantled the han (domain) system replacing it with a centralized prefectural system in 1871
  • Eliminated hereditary social classes (samurai, farmers, artisans, merchants) creating legal equality among citizens
  • Abolished the samurai's right to carry swords and wear traditional hairstyles (1876)
  • Introduced a new land tax system based on monetary payments rather than rice tributes
  • Established a national currency and standardized weights and measures
  • Adopted elements from various Western legal systems (French, German, English, American)
  • Hired foreign legal advisors (Gustave Boissonade, Hermann Roesler) to assist in drafting new laws and codes
  • Translated and studied Western legal texts to inform the development of Japan's new legal framework
  • Incorporated concepts of individual rights, rule of law, and separation of powers into the new legal system
  • Balanced Western legal principles with traditional Japanese values and customs

Constitution of 1889

  • Promulgated by Emperor Meiji on February 11, 1889 as Japan's first modern constitution
  • Modeled primarily on the Prussian constitution with elements from other European constitutions
  • Established a constitutional monarchy with the Emperor as the head of state and commander-in-chief
  • Created a bicameral legislature (Imperial Diet) with an elected lower house and an appointed upper house
  • Guaranteed limited civil rights and freedoms to Japanese subjects while preserving imperial sovereignty

Judicial system restructuring

  • Fundamental reorganization of Japan's courts and legal processes to create a modern, efficient judicial system
  • Aimed to establish rule of law and provide a stable legal environment for modernization and economic growth

Creation of modern courts

  • Established a hierarchical court system with district courts, appellate courts, and a supreme court
  • Introduced the concept of separating the judiciary from the executive and legislative branches
  • Created specialized courts for administrative and family matters to handle specific legal issues
  • Implemented uniform court procedures and rules of evidence based on Western models
  • Established the principle of equality before the law eliminating special privileges based on social status

Adoption of civil law system

  • Chose to adopt a civil law system primarily based on the German model rather than common law
  • Developed comprehensive legal codes (civil code, commercial code, criminal code) to systematize laws
  • Emphasized codified statutes as the primary source of law rather than judicial precedent
  • Introduced the concept of legal positivism focusing on written law rather than natural law or custom
  • Established a system of legal interpretation based on systematic analysis of codified laws
  • Established modern law schools to train legal professionals in the new legal system
  • Introduced Western legal concepts and methodologies into the curriculum
  • Created a standardized bar examination system to regulate entry into the legal profession
  • Sent Japanese students abroad to study law in Western countries (Germany, France, England)
  • Developed a corps of legal scholars to interpret and develop Japanese law in line with Western jurisprudence

Criminal law modernization

  • Comprehensive reform of Japan's criminal justice system to align with Western standards of human rights and due process
  • Aimed to create a more humane and effective system of criminal justice while maintaining social order

Abolition of torture

  • Banned the use of torture as a means of obtaining confessions or evidence in criminal investigations
  • Eliminated cruel and unusual punishments (boiling, crucifixion) previously used in the feudal system
  • Introduced the principle of presumption of innocence in criminal proceedings
  • Established legal protections against arbitrary arrest and detention
  • Implemented rules of evidence to ensure fair trials and prevent coerced confessions

Prison system reforms

  • Replaced punitive feudal-era prisons with modern correctional facilities focused on rehabilitation
  • Introduced Western-style prison architecture and management techniques
  • Established separate facilities for different types of offenders (juvenile, adult, male, female)
  • Implemented educational and vocational training programs for inmates
  • Improved sanitation and healthcare in prisons to reduce mortality rates

New Penal Code of 1880

  • Drafted by French legal advisor Gustave Boissonade based on the French Penal Code
  • Introduced the principle of legality (nullum crimen, nulla poena sine lege)
  • Classified crimes into three categories (crimes, délits, and contraventions) based on severity
  • Established a system of fixed penalties for specific offenses reducing judicial discretion
  • Introduced new concepts such as attempted crimes, complicity, and recidivism

Civil law developments

  • Comprehensive reform of private law to facilitate modernization and economic development
  • Aimed to create a legal framework that balanced Western concepts with Japanese traditions

Property rights reforms

  • Abolished feudal land ownership system replacing it with modern private property rights
  • Introduced land registration system to ensure clear titles and facilitate land transactions
  • Established legal protections for intellectual property rights (patents, trademarks, copyrights)
  • Implemented eminent domain laws to allow for public infrastructure development
  • Created legal mechanisms for mortgages and other forms of secured transactions

Family law changes

  • Replaced the traditional ie (household) system with a more individualistic family structure
  • Introduced civil marriage and divorce procedures reducing the power of family heads
  • Established legal equality between husband and wife in matters of property and inheritance
  • Implemented a family registration system (koseki) to record births, deaths, marriages, and adoptions
  • Retained some traditional elements (adoption of adults, primogeniture) to balance modernization with cultural norms

Commercial law introduction

  • Drafted a comprehensive Commercial Code based primarily on the German model
  • Introduced modern concepts of corporate law allowing for the formation of joint-stock companies
  • Established legal framework for negotiable instruments (bills of exchange, promissory notes)
  • Created regulations for maritime commerce and insurance
  • Implemented bankruptcy laws to facilitate orderly business liquidation and reorganization

Administrative law changes

  • Comprehensive restructuring of Japan's governmental and administrative systems
  • Aimed to create an efficient, centralized bureaucracy capable of implementing modernization policies

Local government reorganization

  • Replaced feudal domains with a centralized system of prefectures (ken) and municipalities
  • Introduced standardized local government structures and procedures across the country
  • Established a system of appointed governors to ensure central control over local affairs
  • Implemented local taxation systems to fund public services and infrastructure development
  • Created mechanisms for citizen participation in local governance (elected assemblies)

Central bureaucracy reforms

  • Established a modern cabinet system with ministers responsible for specific policy areas
  • Created a professional civil service based on merit rather than hereditary status
  • Implemented standardized examinations for civil service recruitment and promotion
  • Developed specialized ministries and agencies to handle various aspects of governance
  • Introduced modern administrative procedures and record-keeping systems

Police system modernization

  • Created a centralized national police force under the Home Ministry
  • Established police academies to train officers in modern law enforcement techniques
  • Implemented a system of police stations and substations throughout the country
  • Introduced new technologies (telegraphs, fingerprinting) to improve crime detection and prevention
  • Expanded police roles to include public health, fire prevention, and civil registration functions

International law and treaties

  • Significant efforts to revise unequal treaties and establish Japan as an equal partner in international relations
  • Aimed to develop a modern diplomatic corps and engage with the international legal system

Unequal treaties revision

  • Negotiated with Western powers to revise or abolish treaties that limited Japan's sovereignty
  • Implemented legal and institutional reforms to demonstrate Japan's "civilization" to Western nations
  • Gradually regained tariff autonomy and jurisdiction over foreign residents in Japan
  • Achieved treaty revision with Britain in 1894 setting a precedent for other Western powers
  • Completed the process of treaty revision by 1911 restoring full Japanese sovereignty

Extraterritoriality abolition

  • Eliminated foreign consular courts that had jurisdiction over Western nationals in Japan
  • Established legal equality between Japanese and foreign residents under Japanese law
  • Implemented reforms to ensure fair treatment of foreigners in Japanese courts
  • Trained Japanese judges and lawyers in Western legal principles to handle international cases
  • Developed a system of legal translation and interpretation to facilitate court proceedings involving foreigners

Diplomatic relations expansion

  • Established diplomatic missions in major Western capitals and other Asian countries
  • Trained a corps of professional diplomats versed in international law and foreign languages
  • Participated in international conferences and organizations (Hague Conventions, League of Nations)
  • Negotiated new treaties of friendship and commerce on equal terms with other nations
  • Developed Japan's capacity to engage in international arbitration and dispute resolution

Economic and social impacts

  • Profound changes in Japan's economic structure and social organization resulting from legal modernization
  • Aimed to create a modern industrial economy and educated workforce to compete with Western powers
  • Established legal protections for private property and contracts facilitating investment and entrepreneurship
  • Created a modern banking system and financial regulations to support industrial development
  • Implemented patent laws and intellectual property protections to encourage innovation
  • Developed labor laws to regulate working conditions and resolve industrial disputes
  • Established a legal framework for infrastructure development (railways, telegraphs, ports)

Education system reforms

  • Implemented compulsory elementary education for all children regardless of social class
  • Established a national curriculum emphasizing modern subjects (science, mathematics, foreign languages)
  • Created a system of secondary and higher education institutions including imperial universities
  • Developed teacher training programs to ensure a qualified workforce for the new education system
  • Introduced legal studies as an academic discipline in universities to train future lawyers and judges

Social class restructuring

  • Abolished the rigid four-class system of the Tokugawa period (samurai, farmers, artisans, merchants)
  • Created new social categories based on occupation and education rather than hereditary status
  • Implemented legal equality among all citizens regardless of former class distinctions
  • Allowed for social mobility through education and professional achievement
  • Retained some elements of traditional social hierarchy within the new legal framework

Legacy and long-term effects

  • Lasting impact on Japan's legal and governmental systems extending into the modern era
  • Shaped Japan's development as a modern nation-state and its interactions with the international community

Constitutional monarchy establishment

  • Created a hybrid system blending elements of absolute monarchy with constitutional governance
  • Influenced subsequent constitutional developments including the post-World War II constitution
  • Established precedents for the balance of power between the emperor, government, and people
  • Introduced concepts of civil rights and representative government to Japanese political culture
  • Served as a model for other Asian countries seeking to modernize their political systems
  • Created a modern legal profession with standardized education and licensing requirements
  • Established bar associations to regulate legal practice and promote professional ethics
  • Developed a corps of legal scholars and jurists who interpreted and applied the new legal system
  • Influenced the role of lawyers in Japanese society as mediators and problem-solvers
  • Created a tradition of legal scholarship that continues to shape Japanese jurisprudence
  • Established a foundation for continuous legal reform and adaptation to changing social needs
  • Influenced post-World War II legal reforms including the 1947 constitution and revised legal codes
  • Shaped Japan's approach to international law and participation in global legal institutions
  • Created a legal culture that balances Western concepts with traditional Japanese values
  • Continues to influence contemporary debates on legal reform and modernization in Japan

Key Terms to Review (18)

Bureaucratic Administration: Bureaucratic administration refers to a systematic and organized approach to managing government operations through a structured hierarchy and defined rules and regulations. This method emphasizes efficiency, accountability, and standardization in the functioning of governmental bodies, which became crucial during periods of significant change, such as the Meiji Restoration, when Japan sought to modernize its legal and governmental systems to catch up with Western powers.
Centralized Government: A centralized government is a political system in which a single central authority holds the primary power, making decisions that apply uniformly across the entire nation or state. This structure contrasts with decentralized systems where power is distributed among various local authorities. Centralized governments often enable uniform policies and laws, providing coherence and unity in governance, which was crucial during periods of significant transformation like the Meiji Restoration.
Charter Oath of 1868: The Charter Oath of 1868 was a pivotal document issued by the Meiji government in Japan that outlined the goals for modernization and the establishment of a new political framework. It emphasized the principles of democracy, meritocracy, and the importance of public participation in governance, signaling a significant departure from the feudal system. This oath played a crucial role in the Meiji Restoration, as it laid the foundation for legal modernization and social reforms that transformed Japan into a modern state.
Civil Code of 1896: The Civil Code of 1896 is a comprehensive set of laws that was enacted in Japan during the Meiji era to codify private law, including regulations related to contracts, property, family relations, and inheritance. This code marked a significant shift from traditional Japanese legal practices, emphasizing Western legal principles and practices in an effort to modernize Japan's legal framework and align it with international standards.
Commercial Code of 1899: The Commercial Code of 1899 was a comprehensive legal framework that regulated commercial transactions in Japan, marking a significant step in the country’s legal modernization during the Meiji era. This code established clear guidelines for business practices, contracts, and corporate governance, reflecting the broader changes in Japanese society as it transitioned from a feudal system to a modern capitalist economy.
Freedom and People's Rights Movement: The Freedom and People's Rights Movement was a significant socio-political movement in Japan during the late 19th century, advocating for civil liberties, democratic governance, and the establishment of a constitutional government. It emerged in response to the rapid modernization and Western influences following the Meiji Restoration, emphasizing the importance of individual rights and popular sovereignty in a newly modernized Japan.
Imperial Rescript on Education: The Imperial Rescript on Education, issued in 1890, was a fundamental document in Japan that articulated the government's educational philosophy and objectives during the Meiji era. It emphasized moral education, loyalty to the Emperor, and the importance of cultivating good citizens to support the state, reflecting broader goals of national unity and modernization during a time of significant societal transformation.
Industrialization: Industrialization is the process of transforming economies from primarily agrarian societies into ones based on manufacturing and industry. This shift often involves technological innovation, increased production capacity, and urbanization, leading to significant changes in social structures, labor markets, and legal frameworks. In Japan's context, this transformation played a crucial role during periods of modernization and reform, reflecting in the establishment of laws and regulations that adapted to new economic realities.
Ishin shishi: Ishin shishi refers to the group of young samurai and activists who played a crucial role in the Meiji Restoration, advocating for political change and modernization in Japan during the late Edo period. These individuals were driven by a desire to restore imperial rule and modernize Japan to resist Western imperialism, ultimately leading to significant legal and governmental reforms.
Ito Hirobumi: Ito Hirobumi was a prominent Japanese statesman and the first Prime Minister of Japan, playing a crucial role in the Meiji Restoration and the establishment of modern governmental institutions. His influence extended to drafting Japan's first constitution and promoting legal modernization, which helped transform Japan into a competitive world power during the late 19th and early 20th centuries.
Judicial Independence: Judicial independence refers to the principle that the judiciary should remain impartial and free from external pressures or influence, ensuring fair and unbiased legal proceedings. This concept is vital for maintaining the rule of law and public confidence in the legal system. It also plays a crucial role in the balance of power among branches of government, helping to protect individual rights and uphold justice.
Judiciary Act of 1890: The Judiciary Act of 1890 was a significant piece of legislation that reorganized the federal judiciary system in the United States, establishing new courts and modifying the jurisdiction of existing ones. This act aimed to improve the efficiency of the federal court system and is linked to broader themes of legal modernization during the Meiji Restoration period in Japan, highlighting shifts toward codification and structured legal frameworks.
Legal codification: Legal codification refers to the process of consolidating and organizing laws into a systematic collection, typically in the form of codes or statutes. This effort aims to create a clear, accessible legal framework that can be easily understood and applied by judges, lawyers, and citizens. The practice of legal codification is essential for promoting legal certainty and consistency, particularly during times of significant political and social change, such as those experienced during the Meiji Restoration.
Meiji Constitution: The Meiji Constitution, officially known as the Constitution of the Empire of Japan, was promulgated in 1889 and served as Japan's fundamental law until 1947. It established a framework for governance that combined elements of Western constitutionalism with traditional Japanese authority, playing a crucial role in the modernization of Japan during the Meiji Restoration, as well as influencing wartime legal systems and shaping the structure of government.
Miyoji Ito: Miyoji Ito refers to a prominent figure in the context of Japan's legal and political evolution during the Meiji Restoration. His contributions were significant in the formation and modernization of Japanese law as the country transitioned from feudalism to a modern state, incorporating Western legal principles and frameworks into its legal system. Ito's work epitomized the push for legal reform, which was a crucial aspect of Japan's efforts to modernize and assert itself on the global stage.
Nationalism: Nationalism is a political ideology that emphasizes the interests, culture, and identity of a nation or group of people, often in relation to self-governance and independence. This concept is deeply tied to the idea of national sovereignty and can manifest through a desire for autonomy, national pride, and the unification of people with a shared heritage. Nationalism significantly influenced historical events and developments, particularly in the context of legal modernization and constitutional changes in various countries.
Supreme Court of Japan: The Supreme Court of Japan is the highest judicial authority in the country, established under the post-World War II constitution. It plays a critical role in interpreting laws, ensuring justice, and protecting constitutional rights. This court not only reviews lower court decisions but also has the power of judicial review, allowing it to invalidate laws and executive actions that violate the constitution, thereby shaping Japan's legal landscape.
Taisei Yokusankai: Taisei Yokusankai, often translated as the 'Imperial Rule Assistance Association,' was a political organization established in Japan in 1940. Its main purpose was to consolidate various political groups and unify the nation under the leadership of the emperor during World War II. This organization aimed to promote nationalism, support military efforts, and mobilize the Japanese populace in a time of war.
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