Living Law® Japan-400 years of legal and political evolution

Regulating Early Japanese Society: Confucianist and Buddhist underlays

The origins of the Japanese nation are steeped in legend and lore. Japan’s geography as a series of islands sitting on top of a very active seismic area also played into the Japanese view of themselves. Buddhism found fertile ground in Japan but was overtaken by the Shinto faith with its uniquely Japanese elements. Ties with China led to ways of thinking from early Chinese Empires spreading to Japan and across Asia.

One main influence was Confucianism. The philosopher Confucius believed that promoting introspection and human self-regulation- reinforced by societal shame for poor behavior- was preferable to formalized external rules and punishments for their breach. Confucianist influence is visible in one of the earliest written sets of laws regulating Japanese society, the Shotoku Constitution.

The Early Imperial Era

The role of the clans was a regular feature in early Japanese history. Though the Emperor had supreme authority, the leaders of the clans had considerable influence over the state of affairs in Japan. The level of autonomy of the clans and the regions they controlled waxed and waned over the centuries.

In terms of law, the Taika reforms, with their roots in developments in Imperial China, swept over Japan as well. This was not a wholesale adoption, however, and the upward mobility enabled by China’s approach to meritocracy was only partly embraced by Japan’s rulers. A relatively more rigid hierarchy became embedded in Japanese society. This period also saw the seat of power shifting first to Kyoto, then to Kamakura, both of which are stops during this roving lecture.

The Early Shogunate Era

The 13th century saw the attempted invasion by Mongol forces, who already controlled much of the Asian continent. They were stymied by nature, the famed divine winds known as kamikaze, thus adding to the mythical and special status the Japanese believed their nation had. The events furthered the Japanese worldview of outsiders as barbarians and constituting a threat, which impacted Imperial rule for the next several centuries. They also contributed to a trend of defining Japanese culture with more home-grown elements.

During the European mercantile period, trading companies pushed their way into Asia. When playing by the locals’ rules proved to slow, gunboat diplomacy helped the Europeans gain footholds in China and Japan. But the Japanese were more successful in controlling the European influence, limiting missionaries and traders to specific ports.

European Arrivals and the Closing of Japan

Japanese leaders’ views of the influence of the Europeans increasingly turned negative. They observed the spread of Christianity and other European ideas with suspicion if not outright hostility. This played out against the backdrop of clan rivalries and fights for power. The forces hostile to the new arrivals won the upper hand, and by the 17th century Japan began closing its doors to outsiders. It was the beginning of a long period of isolation.

A Forced Ending of Japan’s Seclusion

The era of seclusion led to the end of the Christian missionizing by the Portuguese and almost to the complete isolation from outside influences. While this may have facilitated the consolidation of the Japanese nation and power structures, it also meant missing out on the dramatic changes taking place such as industrialization. Scientific and technological developments also impacted the relative military strengths of the major world powers. Soon enough the barbarians were knocking on Japan’s doors again, this time arriving on steam-powered gunboats. The pragmatism of Japan’s rulers led to a gradual opening focused on trade. Japan was faced with a monumental task of catch-up in terms of modernization, and it embraced this with a combination of resolve and reserve.

Modernization and the Meiji Restoration

The challenge of modernization led to a revitalization of the Imperial Court at the end of the 19th century. Societal changes were anchored in the Meiji Constitution, whose bottom-up influences would have been unthinkable in earlier times. In addition to the growth of mercantilism and the economy, conscription laws and investment in the military quickly raised Japan’s status as a military power in the region.

The modernization strategy began to pay off. Japan, the rising power in Asia, gained control of Korea after winning the Sino-Japanese War. In the early 20th century, Imperial Japan consolidated its control over the Korean peninsula and exerted considerable influence over both the government and society in Korea. Its victory over Russia in the 1904-05 war strengthened its regional status and caught the attention of the Western powers.

From Military Might to Nuclear Target

During the turbulent early 20th century, the Japanese government maintained a tight grip on society and dissent through measures such as the Peace Preservation Laws. Meanwhile, the military buildup continued and Japan began flexing its might. By the time the Second World War was starting, Japan was firmly entrenched in Korea and Upper Manchuria. The Imperial Japanese military instituted Japan’s policy of the Greater East Asia Co-Prosperity Sphere, which extended throughout much of East and Southeastern Asia. Japan joined Germany and Italy against the Allied powers in World War II.

Japan’s surprise attack on Pearl Harbor in Dec. of 1941 brought the United States into the War. This apparent violation of the law of war in general and the Hague Convention in particular colored the world view of wartime Japan. The conduct of the war by the Japanese military and the treatment of prisoners of war in particular triggered outrage and distrust. In the United States, distrust regarding the loyalties of Americans of Japanese descent led to tens of thousands of citizens being placed in camps. Towards the end of the war, the refusal of the Japanese leaders to surrender led to the US decision to drop atomic bombs on Hiroshima and Nagasaki, thus opening the horrific chapter of nuclear war on earth.

The destruction left behind by the war including the first use of nuclear weapons left Japan in desperate need of an overhaul. The US government had two main objectives in relation to postwar Japan: 1) to destroy the Imperial Japanese war machine and 2) to establish a peaceful and responsible government. The second objective required a dramatically different approach to the usual "conqueror's rule", and this archival gem "Road to Democracy" provides a realtime picture of the dynamic process which shaped postwar Japan.

A Phoenix from the Ashes

After 1945, Japan tried to put the war period behind it, with the Tokyo War Tribunals and the creation of a new Constitution for the country. The pacifist Constitution restricted the development of the military and limited its role to self-defense. The role of the Emperor and the Imperial House also changed, as the US military occupation attempted to direct the government and society towards a more democratic political system. A postwar economic boom saw Japan rise to become a technological innovator and the second largest economy in the world. Japanese cultural goods have had great success in world markets. Today Japan is one of the wealthiest nations on the planet, whose main challenges appear to be demographics (a rapidly aging and shrinking population) and security (the impact of China’s “peaceful rise”). The 21stcentury issues are causing a revisit of some of the basic premises of Japan’s postwar legal and political institutions.