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 The Legal System of Old yapan.

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tion, for one reason, because it early came distinctions and other features in the law under the influence of Chinese law, and itself, but indirectly by the hindrance which never regained its independence; for an feudalism interposed to the unification of other and connected reason, because it came the country, preventing the separate treat almost entirely from above downwards, and ment of judicial affairs by trained judges, was not an outgrowth of the popular char and obstructing that growth of commercial acter; and, finally, because its vitality was and social intercourse which necessarily almost wholly lost when feudalism fell, and underlay the growth of the national such attraction as it has is connected more jurisprudence. with the study of social life under the TokuBut the practical question for to-day, gawas than with that of legal development. which is forced upon the student of in If one were to analyze the reasons for the digenous Japanese law is as to the wisdom interest which the civil branch of the law of the adoption by the Japanese Govern has for the Western student, he would prob ment of a foreign system in the place of ably find three chief elements. First, the polar their native one. Shall we say that the oppositeness, as compared with the West, of policy was a correct one or not? If we con the style in which Japan has contrived to sider merely the feasibility of perpetuating work out so many traits of language and the native system, we may say that it might manners, leads one to wonder whether in have been done. There is no doubt that legal relations the same spirit of contradic the customs and precedents could have been tion has shown itself. Second, the idea of collected, arranged, and codified in a form justice, as has been said, is in Japan a more easy to administer and suitable to the na flexible one than we are accustomed in tional character. Much more must we dis Anglo-Saxon law to aim at; and there must agree with the commonly received notion always be an interest in examining and com that the importation of a foreign system was paring the results reached under these two required because Japan had no jurispru extreme types of strictness and flexibility. dence of her own. But the feasibility of a Third, the legal system of Japan (on its civil codification is only a small part of the side) is one of the few which have been problem. The solution depends on a dozen permitted by their environment to maintain other important considerations of policy. their individuality and reach a certain stage If we regard merely the standpoint of the of development in comparative isolation from statesmen who, at the beginning of the Res other systems. The Roman was one; the toration epoch, determined to reorganize Germanic was another, of which the English the legal system and invited a number of branch has attained to the first place. The competent continental jurists to undertake Hindu, the Slavic, the Mohammedan, and this task, we can but say that, viewing all the Chinese may also be named; and to the circumstances with their eyes, their ac this list it seems clear that the Japanese tion was reasonable and natural. Given all the elements of the situation the same, and must be added. What rank it shall take among these sys any other body of intelligent men would tems cannot yet be told. It must be placed hardly have pursued a different course. If, higher than 'the Hindu law, for its develop however, we take our stand at the present, ment never fell into the hands of a religious and survey the problem in the clearer light order, and was not retarded by an inextri which two decades of history have thrown cable complication of tribes and races. But upon it, the solution becomes more difficult. it was greatly hampered by the framework There are on both sides serious considera of feudalism in which it was cast, — not tions, so -complicated and so difficult to measonly by the preservation of certain class- l.ure with accuracy, that one hesitates to