The times., 1898-08-07
THE NEW CODES OF JAPAN
Their Basis in German, Not
English Laws.
WERE IN TOO GREAT HASTE
Instead of Allowing Their Instifu-
tiOns to Grow. They Took Them
Ready-Nade - The English Laws
Superior for Their Good Sense
and Fairness-Japan Is Loser.

A telegram from Yokohama stated that
the japanese government had notified the
foreign powers that the new codes. which
have been in course of preparation for
many years. had come into operation. the
commercial code on the Ist of this month
and the civil code on the 18th. \ further
step, says the London Times, is thus
taken in remarkable movement which
has been going on without a pause for
thirty years in Japan. When the consti-
tutional changes OF 1S67-6S took place the
Japanese government set TO work TO con-
struct a series of codes. They wished to
assimiEate the best legal ideas of the
West. They were in a hurry to be civil
lied and to be rid of feudal Institutions
For them constitutions are made and do
not grow seemed the wisest policy. For
the new order of things il was necessary
that there should be a new administra-
ton. and that the chaos of native GUS
toms should give place TO a system of
rules, and that not a few barbarouS
usages should be forbidden. To justify
and the claim of Japan to be free, as
every civilized government is free. TO do
justice to all within her borders, 1t was
necessary to point TO a system of laws
based on ideas which Europeans recog-
nize and administered fairly. Hence a
series of codes, a remarkable group of
eclectic measures certain to be fruitful
in consequence extending far beyond the
immediate purposes which their trainers
had in view.
As long ago as 1880 a penal code had
been prepared and it was supp emcGJed
by a code of penal procedure. To all who
have looked closely into the history of
experiments in codifica4lon, IL is well
known that, far from bringing about a
premature Justification of law, they m
vite criticism and encourage amendments
That has been the case of Japan. The
government took measures to improve in
many ways the penal and procedure
codes. In cue time came laws relating
to the judicafure. civil procedure and the
training and qualifications CT members of
the bar. All Of these measures are form
ed on Western modes In all of them it
would be possible to discern some trare
of the influence of Erg9is1 ideas. But
the models which the trainers of the
codes has chiefly in view were. no doubt
French and German. So much may be
said of the two measures which have
just come into operation. For many
years a commission has been ar work on
the code civil. Not content with the first
draft of this measure, the government. in
1895 handed q over to another strong
commission. Not until 1895 was the meas
ure finally adopted; ami on the 10Th day
of July 1t came into operation. Like care
has been taken in the preparation Of the
commercial CODE which might have come
into operation some years ago. but the
government wisely decided that should
be subjected to a process cf revision.
The various codes, with the measures
supplementary thereto, are unique mon
ument of enlightened zeal; it may be an
accident if they are not remembered as
long as Lycurguss laws since Mr.. Grote
and modern criticism took in hand the
latter. The Japanese government has had
to encounter all the difficulties and preju-
dices in the way of extensive measures
of codification; the Drejudices, for eS-
ample of those who are fond of offering
plausible, half mystical reasons for the
continuance of state of confusion and
Improvement of law. They have also
come in contact with novel difficulties.
particularly In the case of the code civil,
which affects family life and property;