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This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
This volume examines the Meiji Restoration through a global history lens to re-interpret the formation of a globally-cast, Japanese nation-state.
How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
Includes entries for maps and atlases.
Considering Castles and Tenshu -- Modern Castles on the Margins -- Overview: "from Feudalism to the Edge of Space" -- From Feudalism to Empire -- Castles and the Transition to the Imperial State -- Castles in the Global Early Modern World -- Castles and the Fall of the Tokugawa -- Useless Reminders of the Feudal Past -- Remilitarizing Castles in the Meiji Period -- Considering Heritage in Early Meiji -- Castles and the Imperial House -- The Discovery of Castles, 1877-1912 -- Making Space Public -- Civilian Castles and Daimyo Buyback -- Castles as Sites and Subjects of Exhibitions -- Civil Society and the Organized Preservation of Castles -- Castles, Civil Society, and the Paradoxes of "Taisho Militarism" -- Building an Urban Military -- Castles and Military Hard Power -- Castles as Military Soft Power -- Challenging the Military -- The military and Public in Osaka -- Castles in War and Peace: Celebrating Modernity, Empire, and War -- The Early Development of Castle Studies -- The Arrival of Castle Studies in Wartime -- Castles for town and country -- Castles for the empire -- From feudalism to the edge of space -- Castles in war and peace II: Kokura, Kanazawa, and the Rehabilitation of the -- Nation -- Desolate gravesites of fallen empire: what became of castles -- The imperial castle and the transformation of the center -- Kanazawa castle and the ideals of progressive education -- Losing our traditions: lamenting the fate of japanese heritage -- Kokura castle and the politics of japanese identity -- "Fukko": hiroshima castle rises from the ashes -- Hiroshima castle: from castle road to macarthur boulevard and back -- Prelude to the castle: rebuilding hiroshima gokoku shrine -- Reconstructions: celebrations of recovery in hiroshima -- Between modernity and tradition at the periphery and the world stage -- The weight of Meiji: the imperial general headquarters in hiroshima and the -- Meiji centenary -- Escape from the center: castles and the search for local identity -- Elephants and castles: odawara and the shadow of tokyo -- Victims of history I: Aizu-wakamatsu and the revival of grievances -- Victims of history II: Shimabara castle and the Enshrinement of loss -- Southern Barbarians at the gates: Kokura castle's struggle with authenticity -- Japan's new castle builders: recapturing tradition and culture -- Rebuilding the Meijo: (re)building campaigns in Kumamoto and Nagoya -- No business like castle business: castle architects and construction companies -- Symbols of the people? conflict and accommodation in Kumamoto and Nagoya -- Conclusions.
From its creation in the early twentieth century, policymakers used the discourse of international law to legitimate Japan’s empire. Although the Japanese state aggrandizers’ reliance on this discourse did not create the imperial nation Japan would become, their fluent use of its terms inscribed Japan’s claims as legal practice within Japan and abroad. Focusing on Japan’s annexation of Korea in 1910, Alexis Dudden gives long-needed attention to the intellectual history of the empire and brings to light presumptions of the twentieth century’s so-called international system by describing its most powerful—and most often overlooked—member’s engagement with that system. Early chapters describe the global atmosphere that declared Japan the legal ruler of Korea and frame the significance of the discourse of early twentieth-century international law and how its terms became Japanese. Dudden then brings together these discussions in her analysis of how Meiji leaders embedded this discourse into legal precedent for Japan, particularly in its relations with Korea. Remaining chapters explore the limits of these ‘universal’ ideas and consider how the international arena measured Japan’s use of its terms. Dudden squares her examination of the legality of Japan’s imperialist designs by discussing the place of colonial policy studies in Japan at the time, demonstrating how this new discipline further created a common sense that Japan’s empire accorded to knowledgeable practice. This landmark study greatly enhances our understanding of the intellectual underpinnings of Japan’s imperial aspirations. In this carefully researched and cogently argued work, Dudden makes clear that, even before Japan annexed Korea, it had embarked on a legal and often legislating mission to make its colonization legitimate in the eyes of the world.
Magisterial in vision, sweeping in scope, this monumental work presents a seamless account of Japanese society during the modern era, from 1600 to the present. A distillation of more than fifty years’ engagement with Japan and its history, it is the crowning work of our leading interpreter of the modern Japanese experience. Since 1600 Japan has undergone three periods of wrenching social and institutional change, following the imposition of hegemonic order on feudal society by the Tokugawa shogun; the opening of Japan’s ports by Commodore Perry; and defeat in World War II. The Making of Modern Japan charts these changes: the social engineering begun with the founding of the shogunate in 1600, the emergence of village and castle towns with consumer populations, and the diffusion of samurai values in the culture. Marius Jansen covers the making of the modern state, the adaptation of Western models, growing international trade, the broadening opportunity in Japanese society with industrialization, and the postwar occupation reforms imposed by General MacArthur. Throughout, the book gives voice to the individuals and views that have shaped the actions and beliefs of the Japanese, with writers, artists, and thinkers, as well as political leaders given their due. The story this book tells, though marked by profound changes, is also one of remarkable consistency, in which continuities outweigh upheavals in the development of society, and successive waves of outside influence have only served to strengthen a sense of what is unique and native to Japanese experience. The Making of Modern Japan takes us to the core of this experience as it illuminates one of the contemporary world’s most compelling transformations.
Offers a comparison between Japanese and Western political institutions in the premodern period. This title contains a brief discussion of the meaning and significance of the term Feudalism, and it suggests ways in which the term might be used for explorations in comparative history. It can serve as a reading for courses on Japanese history.