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Cartel Regulation addresses the most important issues practitioners face to mitigate the fines imposed on clients under the scrutiny of antitrust authorities. Expert local insight into cartel regulation worldwide, cove…. On the other hand, the prevalence of yose in towns and cities combined with their low cost, guaranteed that rakugoka could reach a broad audience.
Newspaper reports show that foreign birth quickly made Black an object of curiosity. Ronald R. Similarly in Japan, as Amanda C. This explains why participants in the law reform debate were quick to realise the ideological potential of the genre. The work details cases in the West, many involving a miscarriage of justice culminating in a death sentence. While the book was printed by the Justice Ministry for purely utilitarian reasons, it soon found a ready market in non-government book shops Nakajima, , pp.
Kuroiwa was one of the foremost users of the genre for ideological purposes.
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He achieved this by serialising adaptations of at least one McArthur, b , and possibly two, Braddon works to illustrate how even in Britain there could be a miscarriage of justice Silver, His choice of material, invariably drawn from European detective fiction, also gave him ample opportunity to demonstrate legal practice in Britain or France. Yamada is jailed as an accomplice in the death of his niece Okatsu and conspiracy to kill her sister Onobu.
The detective urges him to give himself up quietly, assuring him that he will have legal representation in a court trial, but Brown seizes a pistol and blows his brains out. In Japan, one very much dislikes having a household name die out. People adopt if they have no child or if they have a girl, they take in a son-in-law muko. In Britain, France, Germany and America, they do not worry about whether or not a household will die out. There are no laws there covering the taking in of adoptees and you cannot obtain a muko for a girl.
Burakku, , p. It was this radical notion of inheritance, the ability to pass on property from a father to a daughter rather than have such rights restricted to a first-born son or a male adoptee that was made possible under the new Meiji civil code. Prior to the Meiji period, household members inherited property only with the permission of the household head. The new Civil Code enabled household members for the first time to exercise their own, individual property rights. By the early s, the right to dispose of property independent of the ie had become synonymous with modernity.
The Meiji state had legislated for modernity and in this case the beneficiaries were women. Court scene from Minashigo showing Seikichi arraigned at the bar. Image courtesy of the National Diet Library. So Omine went. But Britain is different from Japan in that the public is allowed to attend police hearings. Not that police hearings are especially interesting. When it comes to a hearing in a court of capital offence, not only is just hearing the opinion of the public prosecutor kensatsukan and the argument of the defendant of interest, it could be quite a useful academic exercise.
The police investigations involve a lot of trivial things hardly worth listening to, like a drunk getting admonished after sobering up and then getting fined for arguing, or someone going out for a bargain, getting taken into custody with a woman and being handed over to his landlord or his wife. But in any case, you can usually listen in on a police investigation. Burakku, , pp.
Black also explains that cadavers are used by medical scientists if left unclaimed Burakku, , p. But the only person suspected is Yamada Matashichi, who although he was greatly indebted to the danna , had not been present at around the time of the death. The police take details of his height, clothing, body shape and these are sent by telegram or phone from London Police station to all police stations in Britain. Liverpool is exactly ri from London. Here where people get on and off the ships, there is a detective who spots what appears to be the man in the description.
Henry Faulds, a British missionary doctor who lived in Tsukiji and worked at Tsukiji Hospital in the s Morioka and Sasaki, , p. Black was also living in Tsukiji by Founded in , Yoshiwara was one of the more high-profile outcomes of reforms instigated by the shogun Toyotomi Hidehoshi aimed at containing and licensing prostitution.
He also mentioned the tricks pimps and others used there to fleece customers and told listeners that the British parliament had passed a law banning gambling dens and brothels.
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The practice of licensing brothels originated in pre-Meiji times in a number of feudal domains, but became nation-wide practice under the centralized government after the Restoration. Most brothel inmates in Tokyo, which was home to the largest single number of licensed prostitutes at the time Tsurumi, , pp. Long hours and lack of sleep left them subject to illnesses. Extraterritoriality, another topic on which Black spoke in , was a matter of direct concern to both John and Henry Black throughout their careers. As British citizens, both had cause to negotiate their way through Japanese laws.
In , John Black had sought an indictment against the carver of Japanese language wooden type for use in the production of his pioneering Japanese-language newspaper Nisshin shinji shi after the type carver failed to meet a production deadline Aoyama et al , , p. Henry Black transgressed Japanese law on at least three occasions. The first, in , was when a disgruntled Japanese complained to British consular authorities about his failure to return a sum of money Yomiuri , The second was in when police used the Ordinance on Public Meetings to prevent him speaking in support of pro-democracy activists in Odawara.
Newspaper reports indicate that by this stage Black had on occasions performed in Kobe, Osaka and Kyoto, but these cities were already among a select group of places in which foreigners were permitted under the terms of the unequal treaties. Although legally free to move around the treaty ports and certain parts of Tokyo, Black had to apply for permission to travel elsewhere.
Within the context of the debate over the extent of foreign influence, this legislated attempt to restrict foreign influence in the arts represented a further step in the ascendancy by the mids of those who favoured a Japanese path to modernity Waswo, , His solution was to undergo a marriage of convenience to a Japanese woman, a step which, when taken in April , gave him access to Japanese citizenship. But reflecting contemporary fascination with Europe, many of his later borrowings came principally from France. No adequate studies of the intertextual significance of these adaptations have been undertaken.
Although their sources are not always traceable today, other rakugoka followed suit. Both portray his encounter with an apparently married couple who befriend him and become his benefactors. In a study of the incident, Mertz , pp. It is not even something passed from one generation to the other. His cabinets were prized, but never to be found in a second-hand furniture shop. Okitsu, , p. Both play out their roles vis a vis the other as if it is the natural order.
The setting is clearly before Meiji legislation which eliminated what Carl Steenstrup , p. The highest value was obedience to the lord; next to that obedience to masters, parents and older kinsmen. Punishments for crime against these were spectacularly severe. The scene is radically different from that narrated by Black in Minashigo. The illustrations accompanying each story also highlight the differences. In Minashigo , the urchin Seikichi and the judge sit facing each other.
TOKYO (3 a.m.)
Seikichi even has his hands placed on the bar. They demonstrated a faith in science and human adaptability. They characteristically achieved this by portraying the minutiae of life in the modern metropolises of London and Paris, both of which lay at the centre of prototypical modern nineteenth-century European nation-states. These states exhibited all the attributes of industrialization, bureaucratization, increased speed and mechanization of transport and communications.
These attributes, together with their rule of law, served as exemplars for Meiji-era Japan. It eventually reached audiences at yose and the readers of serialized novels by rakugoka. But many longed for a morality which was lost under the wave of new legislation designed to align Japan with legal frameworks associated with the West.
That professional storytellers reflected this diversity of opinion in their narrations indicates that the debate over law reform extended to and involved the masses who flocked to yose. This examination of the social setting and historical context within which law reform took place in the latter half of the Meiji era provides a more nuanced understanding of the complex origins of current debates over law reform as Japan continues to harmonise its domestic laws with those of the rest of the world.
The harmonisation of laws across borders need not be a one-way process. There is even the possibility that interdependent contact with Japan through trade and other means could indirectly reshape laws in other countries. As Japan continues to engage with the rest of the world through such venues as the United Nations, the World Court and international conferences, an informed understanding of the historical origins of its laws is the first step in appreciating its potential impact on international law.
Haley also notes p. In his book Young Japan , John Black recalled that he visited Japan out of curiosity en route elsewhere when circumstances contrived to entice him to stay. In , the government had promulgated a new law restructuring the old feudal land tax system. The new system rationalized tax assessment based on the value of farm land rather than on estimated rice production. Since the formula for calculating farm land values included assessments of land fertility and even commodity prices, the drastic overhaul of the taxation system led to a number of protests by farmers who disputed the valuations accorded their land by bureaucrats.
Interest in Napoleon was inspired by European experiments in governance and legal codes. His administration was synonymous with Napoleonic law, improvements in the transportation network, and the hiring of city planner Baron Georges Haussmann , whose remodelled Paris, complete with grand boulevards and monuments was deemed appropriate to a modern metropolis.
This inspired the Meiji government to attempt a similar reconfiguration of Tokyo. Williams Collection, National Library of Australia. The translation in The Japan Daily Herald is an accurate reflection of the original. Extract in Harold S. The article suggests Black was quite active, citing appearances at a number of yose.
No need to know the law, but you must obey it
See Kurita Twine cites a typical case, that of the political novelist and civil rights activist Sakasaki Shiran who embodied a crossover between oratory, storytelling, and later, written Japanese. Other random examples in the same paper include an untitled story on p. The article attributed the original comment to the Japan Herald. I am indebted to Terry Hale of University of Hull for pointing this out. John Pierre Mertz notes that from , newspaper reporters in Japan had access to trials, while from , the public had similar access.
See Mertz, In Kurata Yoshihiro ed. In Kurata ed. Subsequent newspaper accounts of his activities often refer to him as 'the Englishman Ishii Burakku'. This English language title is used by Morioka and Sasaki. Aoyama, Yoshimitsu et al , Zusetsu — hanketsu genbon no isan [Illustrated book -- legacy of the original book of rulings]. Tokyo: Shinzansha. Asaoka, Kunio , Henrii J. Burakku no rainichi jiki. Baigent, Michael and Leigh, Richard , The Temple and the Lodge. Journal of Popular Culture , 13 1 , Black, John Reddie.
Tokyo: Oxford University Press first pub. Burakku [Eijin Burakku], Tokyo: Suzuki Kinho. Burakku [Eikokujin Burakku] , Black [Eikokujin Burakku] , Tokyo: Azuma Nishiki. Bowen, R. Faulds, H. On the Skin-furrows of the Hand. Nature , 22 Oct. Garon, S. Regulating Prostitution and Illicit Sexuality. Hamilton, Constance, and Young, Michael , Historical Introduction to the Japanese Legal System. Milhaupt, Curtis J. Cambridge, Mass.
Haley, J. Hanazono, Kanesada , In: Journalism in Japan and its Early Pioneers. Osaka: Osaka Shuppansha. Hane, M.
Japan: Business Crime 12222
The Movement for Liberty and Popular Rights. In: Wray, H and Conroy, H. Hoare, J. Folkestone, UK: Japan Library. Huffman, James L. Jansen, Marius B. The Meiji Restoration. Marius B. Jansen ed. Kurata, Yoshihiro ed. Meiji no engei 2 - 5. Kurita, K. The Romantic Triangle in Meiji Literature. In: Hardacre, H.