The Study On National Character Of Japanese Legal Modernazation

When the wheels of history come into modern times, China had changed in the LateQing Dynasty and Japan had undergone the Meiji Restoration. They ushered in a differenthistorical outcome. The Qing government could not escape the fate of fall and complete themodernization of the law. Meiji government entered the door of capitalism and completed themodernization of the law. Politics, economy, international environments and many otherdynamic factors all promote the modernization of Japanese law, but the papers focus on thenational character taking the hierarchical systemy as representative.Whatever metaphysical means way, whatever physical mens substance.There ismetaphysical existence in any physical thing.From the view of the hierarchical systemy thepapers strive to expound those ethic morals taking the concept of honor as the core areimportant driving forces during the successful transformation of modern Japanese law. Thenational character in the role of legal changes has been increasingly treated objectively inrecent years. But what is national character and what is the situation about the impact ofnational character on the law in current academic knowledge (part of Introduction andChapter1)? The hierarchical systemy is a typical embodiment of the national character. Howdoes it complete evolution of the myth of the orthodox from the perspective of conception andinstitution (Chapter2)? The hierarchical systemy in modern era reshape the central position ofthe emperor.How did it accelerate evolution of the national character and transformation oflaw (Chapter3)?How do the ethic morals taking the concept of honor as the core have afundamental influence on the transformation of Japanese law in modern times when spiritualorigins of the hierarchical systemy are traced(Chapter4)? Finally, how do law and nationalcharacter intertwine in such historical course (Chapter5)? Specifically, the full text is asfollows:Introduction is to introduce knowledge about Japanese national character and therelationship between national character and law from perceptual cognition to rationalcognition. Having experienced different historical periods in the pride, hatred and anger andother emotions of the evolution, the Chinese understanding of the Japanese national characterstill seems to stay in superficial understanding. The Japanese not only have maintained anddevelopped their own national character, but also have already“placed Chinese this topic on the autopsy table to dissect several thousand times, installed in the test tube to test thousandsof times”. Domestic and international researches on the Japanese national character not onlyare rather fewer but also are facile and sentimental descriptions. These researches are fewercompared with Asian countries and fewer analys from the perspective of social history. As tothe collusion between the law and the national character, inquiries about the associationbetween the two are really lacking.Chapter1is to present that national character has important role in themodernization of Japanese law. Political reforms have become the first choice of MeijiJapan in the beleaguered country.Among economic, political, international environment, andmany other factors which promots the modernization of Japanese law, ethnic factors hasmore impact on motivating the legal changes and social development to enter a virtuous cycle.In criticizing and reforming context of China the meaning of national character is derogatoryand negative. Although the introduction from Japan begins with the late Qing, but the nationalcharacter has no authoritative definition of the word until now. These can not change thatnational characters has a profound influential on the modernization of Japanese law duringMeiji Restoration period.Chapter2is to discuss that the hierarchical systemy complete evolution of the mythof the orthodox in Japanese history.As a typical carrier of the national character thehierarchical systemy have evolved from the perspective of conception and institution. As akind of institution the hierarchical systemy experiences two political systems and twodefferent stages from establishing the institute of emperor to. It continues to form its owncharacteristics such as binary pattern and taking one’s proper place. As a kind of concept thehierarchical systemy experiences the theocratic emperor and the symbolic emperor. It isthroughout all areas of social life and reflected in Japanese construction of the world order.Analysis on it no doubt could inspect the formation of legal system and legal concept of Japanfrom the perspective of social change.Chapter3is to expound that the hierarchical systemy of modern era reshape thecentral position of the emperor.In this historical development the hierarchical systemy ofmodern times not only strengthens through institutions headed by “Meiji Constitution” butalso inculcates through concepts such as state shinto enlightenment the status of thesupremacy of the emperor. After evolution of three different stages Samurai’s ethics moralsaffect all the people and consolidate the high status of the supremacy of the emperor and strengthes thought and idea about the hierarchical systemy. Achieving the prosperity andstrongness of country is Japanese goal in modern times. In pursuit of this goal the hierarchicalsystemy covering the emperor, the government and the populace has the function whichadded fuel to the flames to complete the transformation of Japanese law. Traced the origin ofthe hierarchical systemy from the perspective of concept and system the family system andthe state shinto have covered a solid social foundation. As a kind of religion Shinto makes theimperial system substitute for religious subtle alternative at the time of making the concept ofstate religious. The family system with open nature nurtures the formation of Japanese familyconcept which also means country. The concept is media and method which promote theidentity of the hierarchical systemy.Chapter4is to present that ethic morals taking the concept of honor as the core arethe spiritual origin of Japanese legal modernization.The unique concept of honor is thecore of the Japanese ethical value system.In the ethical value system, the characteristics andobligations of grace not only have high approval status in Japanese life but also are the sourceof spiritual power in the modernization of Japanese law. As a derivative of concept of honor,Japanese secularism origins from the ethical value system taking the concept of honor as thecore and find its theoretical foundation and philosophical significance in the combination withwestern pragmatism. Whether taking practical consideration before the the Meiji Restorationor following the example of advanced after the Meiji Restoration, Japanese modern life andlaw shrouded in the attitude of secularism. Education is another erivative of the concept ofhonor.“Imperial Rescript on Education” have a second constitutional status and the educationhas trained the people to realize the humanities quality which the honorary goal needed.Japanese modern laws have obtained the the primary power of transformation under theinfluence of these two strengths origining from the concept of honor.Chapter5summarizes the relationship between national character and statutesduring the modernization of. Japanese law When achieving honor becomes never changescourse after making a vow, manners of achieving object can be selected as circumstancespermit. In the Japanese eyes, the way of diversity does not affect evaluating the value of targetand are not the moral problem. Thus, the bright side and the dark side of way by which torealize the honor becomes Japanese national contradiction in the the eyes of foreigners.Therelationship which promotes and constrains mutually between the hierarchical systemy andthe concept of honor also exists in the modern law of Japan and national characters.The basic ideas on the formation of national character in west prepare the way for summing up theformation of Japanese national character.The U-shaped way of rearing sons and daughtersproduces not only the Japanese national characters. In order to get rid of the moral difficultposition resulting from contradiction they place hope in the self-training. However, theself-training unexpectedly strengthens their national character inherent. In the end Japanesenational character of formation and consolidation comes into a cycle of back and forth.The law should be the thoroughfare of human happiness and social harmony. Legalreform and innovation will benefit a great deal if people consider the national characters in theprocess of change in law.In addition some questions need explained.The reason that thehierarchical systemy is selected as the careier for study the relationship between Japanese lawin modern times and national character lies in the fact that the hierarchical systemy and thecore emperor of Japan have tremendous influence on Japanese history and society.As thetypical carrier of national character the legal significance of the hierarchical systemy isobvious.Selecting the ethnic perspective on the modernization of Japanese law is only areseach attempt,not denying the role of economic,political,environmental and many otherfactors in social change.Actually these factors paly the respective role mutually to socialchange like gears meshing equally.Despite my loathing Japan academic discussion must keepobjective attitude which may know oneself and the other side and grasp initiative.