Page:The Green Bag (1889–1914), Volume 04.pdf/438

 The Legal System of Old yapan. law, the most important organs were this the tendency to conciliation, to make every Supreme Chamber, the Three Magistrates thing smooth, — a tendency which is still, I ( Sambugyo, their usual designation), and the think, the best key to much of the Japanese Town Magistrates of a few other chief cities, character. Not to attempt too much refine such as Osaka, Kyoto, Nagasaki, Nara, and ment of analysis, it may perhaps be laid down that a chief quality of that character is Sakai. When the treasures of recorded mate rial, now stored away in these places, are not so much a predominance of the emo brought to view, and the case-books of the tional nature as the comparative weakness various Tokugawa magistracies as well as of of the will. A consequent disinclination to the officials in the independent fiefs are act, a desire to avoid obstacles, to make properly studied, we shall know something things as easy as possible, explain many complete and accurate in regard to the traits. The fierce determination to do, growth and conditions of law; but as yet which Anglo-SaxonS know so well, is want ing. The leisurely way of carrying out an only the outline is distinct. Out in the country districts all lawsuits undertaking, the shrinking from physical violence, — these seem to point back to the came before the reeve, or general adminis trative officer (daikw.m, koribugyo, etc.; quality I have named. The perfection to there were various titles). One of these which the art of politeness has been devel was set over each district, the area being oped, the opprobrium which rests upon fixed by custom and convenience; it might loud, violent, rough, uncouth, agitated be contain from fifty to one hundred villages. havior, is equally suggestive, and flows from But at this point we begin to lose sight a worship of tranquillity and smoothness in of anything like systematic jurisprudence. social intercourse. The commonest coolie Justice becomes an administrative rather 1 is more courteous to the friend who passes than a judicial matter. The part which pre him on the street than is the prosperous cedent and rule play in settling controversies American merchant. In numberless ways a Japanese will put up with annoyance anr1 becomes less and less; and the part of com promise and conciliation increases. When even positive abuse of his rights, without finally the initial stage of a dispute is thinking it worth while to do more than Imagine the exact con reached, we find that the surroundings have politely protest. quite changed. Justice is attained not so trary of the spirit inculcated by Prof, von much by the aid of the law as by mutual Ihering in his " Struggle for Rights," and consent. Customs there are, and definite you will understand the Japanese spirit. ones; but they are always applied through Even the disregard of truth is in Japan, if arbitration and concession. This feature of my readers will believe me, nothing but the jural life of the nation is not without its politeness and the dislike to offend carried parallel among other Oriental peoples; but to an extreme. Many of us can testify to I fancy that it is here peculiarly pronounced, promises made with full knowledge of in and it is worth dwelling upon. I have ability to perform, to fibs told where the spoken of the marked disposition to make truth would have done no real harm, and to justice personal, to let many external con other incidents equally annoying and equally siderations enter into the settlement of a contrary to our ideas of good faith. The controversy. The exigencies of mercantile simple explanation is that rather than say to life in towns reduced this disposition to a your face what he knows will be unpleasant, minimum; but it attained its greatest in your Japanese friend has stated or promised fluence in the country. But, joined with what he thinks you would like to hear. this, perhaps even more powerful and deeper- This thought is perhaps not consciously rooted in the character of the people, was present; but heredity and tradition have