« EdellinenJatka »
empire which stretches in all directions, and encircles the globe with the drum-beat of her garrisons. The huge empire on whose possessions the sun never sets has taken as its ally the small empire of the rising
This recognition of the status of New Japan has been, of course, a matter of great pride and rejoicing to that nation and therefore a source of encouragement to continue steadfast in the paths of progress along which she has been moving so rapidly. It has likewise been recognized that this alliance imposes great responsibilities upon Japan, if she would maintain her new position. These responsibilities are along not only military, naval, political, and commercial lines, but also along social, moral, and religious lines. The new alliance means that licentiousness, dishonesty, and other vices should not be tolerated, and that ignorance, superstition, and idolatry should not be allowed to thrive among a people in alliance with such a progressively Christian nation as Great Britain. In other words, this alliance should hasten the spread of the Gospel in Japan.
But this alliance means much to Christianity, not merely in Japan, but over all the Orient. For the prime objects of the alliance are the independence of Korea and the integrity of the Chinese Empire ; and the prime effect of the alliance is peace in the Orient. This means that Russian aggressions in China and Korea will be, already have been, considerably checked, and that Anglo-Saxon and Japanese influences will be paramount in those countries. And all this means that Christian missionary work will be practically unhindered, unless it be by local and spasmodic prejudice; and that the word will have freer course and be glorified. The alliance of the first nation of Christendom with a largely Christianized nation like Japan cannot fail to Christianize the Far East.
1 “ Japan, geographically to the mighty continent of Asia what Great Britain is to the continent of Europe ; Japan, an island people with all the strength, mental and physical, that is the heritage of a nation cradled on the sea ; Japan, by the necessities of her environment compelled to appreciate the importance of sea-, power; Japan, in short, the Britain of the Orient. ” — Diosy.
9 The first alliance of a white nation and a yellow nation.
Finally, one significant phase of the Anglo-Japanese Alliance is the fact that, to all intents and purposes, it includes the United States of America, which may be called a “silent partner.” It is well known that the convention was shown at Washington before it was promulgated, and that it was heartily approved by our government. Practically, therefore, it is, in a very broad sense, an Anglo-Japanese Alliance. Certainly our interests in the Far East have been and are identical with those of Great Britain and Japan; and all our “moral influence,” at least, should be exerted toward the purposes of that convention. Indeed, the Anglo-Japanese Alliance should mean the union of Great Britain and the United States with Japan to maintain in the Orient the
open door," not merely of trade and commerce, but of all social, intellectual, moral, and religious reforms; the open door, not of material civilization only, but also of the gospel of Jesus Christ.
“ The Real Japan” (Norman), chaps. V., xiii. ; “ Advance Japan” (Morris), chap. xiii.; “The New Far East” (Diosy), especially chap. vii.; "Heroic Japan" (Eastlake and Yamada); “ The Awakening of the East” (Leroy-Beaulieu), chap. ix; and “Japan in Transition” (Ransome), chap. xv.
1 Several paragraphs are here republished, by permission, from “The Standard,” Chicago.
OUTLINE OF TOPICS: Justice in Old Japan; new codes; list of same; crimes and punishments; convicts; police ; arrest; trials ; courts; judiciary; prisons; legalized prostitution; crusade against social evil; rescue homes, etc. — Registration. - Taxation. — Foreigners under Japanese law; restrictions upon them. – Leasing land. - Mines. - Railways. - Banking, insurance, etc.; kinds of corporations; foreign associations; Japanese corporations. - Foreigners in business. - Bibliography.
\HE difference between Old Japan and New
Japan is quite clearly evident when one
comes to the study of law and jurisprudence. It would be very misleading to affirm that the administration of justice was a farce; and yet socalled legal decisions were too often arbitrary and tyrannical. The feudal lords were too much inclined to visit summary and cruel punishment on slight pretext; and altogether too few were the men like Oöka, the justice and wisdom of whose decisions won for him the title of “ Japanese Solomon.” As a matter of fact, there was in Old Japan, as Wigmore has abundantly shown, “ a legal system, a body of clear and consistent rules, a collection of statutes and of binding precedents.” The chief characteristics of
1 See his voluminous work in Transactions Asiatic Society of Japan, vol. xx., Supplement.
Japanese justice under the old régime, as indicated by Wigmore, were the following: (1) Making justice “personal, not impersonal,” by balancing 66 the benefits and disadvantages of a given course, not for all time in a fixed rule, but anew in each instance," and thus “to sacrifice legal principle to present expediency”; (2) the feudal spirit, especially in criminal law, as illustrated by the use of torture, humiliating forms of procedure, and awfully severe punishments; and (3) the attainment of justice, “not so much by the aid of the law as by mutual consent,” by means of definite customs, applied, however, “ through arbitration and concession," so that there was “a universal resort to arbitration and compromise as a primary means of settling disputes,” and only a dernier ressort to the process of law. These characteristics should be noticed, not merely on account of their historical value, but in explanation of certain traits still prominent even in New Japan.
But Modern Japan is pretty well equipped with a system of new codes, based on European models, yet showing some modifications to suit Japan's peculiar needs. This codification along Western lines was strongly opposed by the conservatives, who insisted that national codes, “ interpreting national needs," should be naturally developed in due course of time. But this opposition was overcome by the demands for treaty revision and the recognition of Japan in the comity of nations; for Occidental powers would not remove their extra-territorial jurisdiction and