scholarly journals Rozwój prawa japońskiego od początków państwowości Japonii do rozpoczęcia okresu Edo w 1603 r. Zarys zagadnień

Author(s):  
Dominik Damian Mielewczyk

The development of Japanese law from the origins of Japans’s statehood until the beginning of the Edo period in 1603. An outline of issues The article outlines the most important aspects of the Japanese history and legal system until the beginning of Edo period in 1603. The work emphasizes and discusses the essential historical context and its effects on changing the Japanese legal system. This paper focuses on the specific conditions under which Japanese law was developed and on the influence of Chinese culture on the shaping of Japanese legal thought before the 17th century. The work includes the distinction of the most important legal acts and implemented changes. It is an approach to better understand Japanese law in a historical context and the development of indigenous culture, customs, and beliefs.

2017 ◽  
Vol 6 (2) ◽  
pp. 117
Author(s):  
Łukasz Marzec

The Views of Arthur Duck on Roman Law in EnglandSummaryThe aim of this paper is to discuss the views of sir Arthur Duck on the influence and power of Roman Law in England up to 17th century, which he analysed in his work De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum first published in 1652. Chapter 8 of this book seems to be an important source for the contemporary research. Duck, a legal practitioner, a politician and a D. C. L. presented a unique view on the matter. A detailed study shows that the following areas and solutions of the English legal system bear signs of the Roman influence: courts (e. g. Court of Chancery, Court of Admiralty, Court of the Constable and Marshall), lectures at the Oxford University, Vacarius school of law, early English legal writings, legal theory and science. Duck was probably the first to notice and mark the striking similarity between Roman procedure of the ius honorarium and the English equity. He disagrees with the general opinion that the Roman Law exercised no authority in England. 


2012 ◽  
Vol 37 (2) ◽  
pp. 232-240 ◽  
Author(s):  
Kimiko Tanaka

Strongly influenced by the previous Meiji Civil Code that shaped people’s perceptions about the traditional Japanese family, postwar Japanese society has not fully guaranteed gender equality, and whether to legally allow the dual-surname system is one of the major legal and political debates in Japanese society. To understand the tension between the traditional Japanese family emphasized in the previous Meiji Civil Code and gender equality emphasized in the current Japanese law, this study explored the surname system in Japan by reviewing historical trends, recent surveys, political debates, and comparing with other nations. This study illustrated that the surname was not attached to the family lineage and membership as today in the past, and symbolic significance of the surname has changed through the course of Japanese history.


Japanese Law ◽  
2021 ◽  
pp. 1-8
Author(s):  
Hiroshi Oda

Japanese law is part of the Civil law (Franco-German) legal system. There have been discussions on the ‘Japanese legal consciousness’, but now, it is agreed that there is no such ‘uniqueness’ of Japanese law. On the other hand, the approach of the courts in interpreting statutes and their role in interpreting contracts may represent some unique aspects of Japanese law.


Author(s):  
Robert Goree

The expansion of travel transformed Japanese culture during the Edo period (1603–1867). After well over a century of political turmoil, unprecedented stability under Tokugawa rule established the conditions for men and women from all levels of the hierarchical society to travel safely for purposes as varied as the cultural consequences of a country increasingly on the move. Starting in the first half of the 17th century, institutionalized forms of compulsory travel for the highest-ranking samurai and a limited number of elite foreigners made for conspicuous political spectacle and prompted the Tokugawa shogunate to develop and maintain an extensive system of roads, post-towns, checkpoints, and sea routes. Prompted by the economic prosperity of the Genroku era (1688–1704) in the late 17th century, an ever-growing portion of the population, including commoners from cities and villages, took advantage of newfound leisure to embark on journeys for pilgrimage, medical treatment, and sightseeing. This change was accompanied by the expansion of tourism, which grew into a sophisticated commercial enterprise in the 18th century. Poets, writers, painters, performers, and scholars took to the road throughout the Edo period for artistic and intellectual pursuits, often as teachers or students, generating and spreading culture where they went. With an astonishing output of travel literature, guidebooks, maps, and woodblock prints featuring landscapes, a thriving commercial publishing industry, which first blossomed in the Genroku era, used woodblock printing technology to popularize travel in increasingly diverse ways. Together with such influential forms of print, the things that people wore, packed, bought, enjoyed, and rode while traveling formed a rich body of material culture that reveals the lived experience of travel for the duration of Tokugawa rule.


2001 ◽  
Vol 10 (2) ◽  
pp. 185-216 ◽  
Author(s):  
Isabella Alexander

This article examines the issues surrounding the appropriation of indigenous culture, in particular art. It discusses the nature and context of Aboriginal and Torres Strait Islander art in Australia in order to establish why appropriation and reproduction are important issues. The article outlines some of the ways in which the Australian legal system has attempted to address the problem and looks at the recent introduction of the Label of Authenticity. At the same time, the article places these issues in the context of indigenous self-determination and examines the problematic use of such concepts as “authenticity.” Finally, the article looks beyond the Label of Authenticity and existing law of intellectual and cultural property, to sketch another possible solution to the problem.


2017 ◽  
Vol 6 (2) ◽  
pp. 75-106
Author(s):  
George A. Keyworth

Today there is a distinction in Japanese Zen Buddhist monasticism between prayer temples and training centers. Zen training is typically thought to encompass either meditation training or public-case introspection, or both. Yet first-hand accounts exist from the Edo period (1603–1868) which suggest that the study of Buddhist (e.g., public case records, discourse records, sūtra literature, prayer manuals) and Chinese (poetry, philosophy, history) literature may have been equally if not more important topics for rigorous study. How much more so the case with the cultivation of the literary arts by Zen monastics? This paper first investigates the case of a network of eminent seventeenth- and eighteenth-century scholar-monks from all three modern traditions of Japanese Zen—Sōtō, Rinzai, and Ōbaku—who extolled the commentary Kakumon Kantetsu 廓門貫徹 (d. 1730) wrote to every single piece of poetry or prose in Juefan Huihong’s 覺範恵洪 (1071–1128) collected works, Chan of Words and Letters from Stone Gate Monastery (Ch. Shimen wenzichan; Jp. Sekimon mojizen). Next, it explores what the wooden engravings of Study Effortless-Action and Efficacious Vulture at Daiōji, the temple where Kantetsu was the thirteenth abbot and where he welcomed the Chinese émigré Buddhist monk Xinyue Xingchou (Shin’etsu Kōchū 心越興儔, alt. Donggao Xinyue, Tōkō Shin’etsu 東皐心越, 1639–1696), might disclose about how Zen was cultivated in practice? Finally, this paper asks how Kantetsu’s promotion of Huihong’s “scholastic” or “lettered” Chan or Zen might lead us rethink the role of Song dynasty (960–1279) literary arts within the rich historical context of Zen Buddhism in Edo Japan?


2016 ◽  
Vol 40 (3) ◽  
pp. 287-315
Author(s):  
Anna-Maria Meyer

Slavic constructed languages have been widely neglected by interlinguistics and Slavic linguistics so far; however, the number of projects for a common Slavic language has been growing since the 17th century, beginning with Juraj Križanić’s Ruski jezik (1666) and continuing up to Arnošt Eman Žídek’s Slovan (1940) and beyond. The construction of Slavic languages has recently been experiencing a revival through the spread of the internet since the 1990s. This has manifested itself mainly in three extensively elaborated projects with their own websites and user communities: Slovio (1999), Slovianski (2006) and Novoslovienski (2010). These three projects — one of them schematic, two of them naturalistic — are presented in the historical context of Slavic language construction from the 17th century up to the present and analyzed structurally in terms of their writing systems, their grammars and the composition of their lexicons. Although their chances of implementation in practice in the context of European language policy are currently rather marginal, they should be valued as a unique phenomenon in Slavic cultural history.


Asian Studies ◽  
2018 ◽  
Vol 6 (2) ◽  
pp. 129-156 ◽  
Author(s):  
Danny ORBACH

Why was the legal system in 1930s Japan so friendly to right-wing offenders, even when they tried to assassinate leading statesmen and generals? The answer is intertwined with a cultural narrative defined here as “subjectivism”, that assigned vital importance to a criminal’s subjective state of mind when evaluating his or her transgressions. Though influenced by Western thought, this narrative was indigenous to Japan. It originated in the late Edo period, shortly prior to the establishment of the Meiji State in 1868, under specific historical circumstances and was later reinforced by the policy of the early Meiji State. Consequently, it pervaded education, politics and popular discourse alike, in the civilian sphere and even more so in the army. Until the early 1920s, this trend had a relatively modest influence on the Japanese justice system. It then began to gain traction in military courts dealing with political crimes of army personnel. From 1932 it influenced civilian courts as well, though civilian judges were relatively more reluctant to accept it than their military peers. After a peak in the mid-1930s, it again receded into the background, following the abortive coup d’état of February 26, 1936.


2021 ◽  
Author(s):  
◽  
Ruiping Ye

<p>This thesis is concerned with the land rights of the aboriginal peoples of Taiwan. It explores how under the Qing (1684-1895) and Japanese (1895-1945) regimes, laws and policies regarding aboriginal land in Taiwan resulted in aboriginal land tenure changes and loss of land. The thesis also explores how the respective legal systems and legal cultures of the Qing and Japanese states influenced policy-making concerning aboriginal land.  The thesis examines the different effects of the Qing and Japanese administrations on aboriginal land tenure in Taiwan. It analyses Qing policies towards land settlement in Taiwan, the extent of the government’s recognition and protection of aboriginal land rights, the changes that the distinctive Qing property law regime, including the Chinese customary land practice, brought to aboriginal land tenure, and the aborigines’ interaction with the government and settlers regarding their land. To a lesser extent and as a comparison, the thesis then discusses the Japanese government’s attitudes towards the aborigines and aboriginal land tenure, and Japan’s reforms of land tenure in Taiwan.  The thesis puts the study of Taiwan aboriginal land policies into the wider framework of the administration of Taiwan by two governments whose legal systems were quite different: the Qing government, which in many respects was a traditional Chinese imperial regime, and Japan, which by the time it colonised Taiwan had reformed its law along European lines and which was considered to be a modern and European-style state. Ultimately, this thesis attempts to find out what role the Qing legal system played in shaping the policies and in the transformation of aboriginal land tenure, and how the Japanese legal system, largely westernised after the Meiji Restoration in 1868, influenced Japanese policies regarding aboriginal land in Taiwan. Thus a central concern of the thesis is the connection between law and colonial policy.  This thesis concludes that the Qing colonisation of Taiwan was different from the later Japanese colonisation of Taiwan and from Western styles of colonisation. Shaped by its legal culture, constitutional framework, administrative system and property law regime, the Qing government had very little or no intention and took little action to transform aboriginal land tenure. Rather the Qing legal tradition allowed for or enabled Chinese settlers to manipulate aboriginal land tenure and impose Chinese culture on the aborigines, an effect often unintended by the government. In contrast, Japan colonised Taiwan with a specific intention to exploit the resources of the island and thus the government played a strong role in changing aboriginal land tenure in Taiwan.</p>


Author(s):  
Vaughn Rajah

This article demonstrates that the Marikana tragedy was not a departure from the norm, but a continuation of state and corporate behaviour that has oppressed black South Africans for hundreds of years. This will be done through an analysis of the historically discriminatory socio-economic patterns of South African society, and how they subjugate the poor by limiting their access to legal and physical protection. These trends portray a history of commodification of the legal system. I discuss a notable documentary on the massacre, Miners Shot Down, and examine its depiction of the causes and effects of the events. The film provides no mention of the historical context of the killings, nor does it comment on many of the factors contributing to the massacre. Despite this, it succeeded in bringing the events to the attention of the broader public. I analyse the notions of justice, the rule of law and their application in South Africa as well as norms in the nation’s legal culture. Additionally, I examine the Farlam Commission, and how its procedures and conclusions hindered the course of justice in the context of our democracy. Ultimately, I demonstrate how the Marikana massacre was not a change in dynamic, but a reminder of a past we have never truly escaped.


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