There are assembled here the Japanese (sorobun) originals and English translations of over fifty private agreements, mostly dating from the 19th century and selected from eighteen different villages scattered about the main island of Japan. Their subject matter has been classified into fifteen categories for convenience: water rights, land sales, boundary lines, commons, loans with or without interest, loans with or without various kinds of security, personal services, agreements concerning family relations (such as dowry, retirement, succession, sale-of-daughter, and prenuptial agreements), agreements concerning the headman’s selection and performance, inter-village agreements, dispute settlement agreements, and apology agreements. This volume will be of interest to historians, students of Japanese law, culture, and history, anthropologists, as well as anyone interested in Japan in the Edo period.

There are assembled here the Japanese (sorobun) originals and English translations of over fifty private agreements, mostly dating from the 19th century and selected from eighteen different villages scattered about the main island of Japan. Their subject matter has been classified into fifteen categories for convenience: water rights, land sales, boundary lines, commons, loans with or without interest, loans with or without various kinds of security, personal services, agreements concerning family relations (such as dowry, retirement, succession, sale-of-daughter, and prenuptial agreements), agreements concerning the headman�s selection and performance, inter-village agreements, dispute settlement agreements, and apology agreements. This volume will be of interest to historians, students of Japanese law, culture, and history, anthropologists, as well as anyone interested in Japan in the Edo period.

This is the first in-depth study of the early trial-and-error experiences of contracting between Japanese and western merchants trading in the Japanese Treaty Ports in the eighteen year period immediately following the opening of the ports in 1859. Fundamental to the equation were the inevitable east-west cultural and legal ambiguities that impacted on the traders. The learning curve for both westerners and Japanese regarding the nature and application of western contracting law was predictably difficult, tortuous and open to constant misunderstanding. Nevertheless, it was within such a framework that the principal benchmarks for trade with Japan were set down and which, in essence, have lasted to the present day.

Function-Based Spatiality and the Development of Korean Communities in Japan utilizes the theoretical model of complex adaptive systems and introduces the concept of function-based spatiality to investigate the roles of the urban environments of Tokyo and Osaka in the development of Korean communities in Japan. Analysis of distinct Korean communities allows for the examination of urban factors of each city which contributed to the patterns of Korean immigration and community formation. By utilizing a comparative narrative of the two cities, distinctions between the organic growth of Osaka and the planned city of Tokyo are illuminated. Additionally, the discussion utilizes the concept of function-based spatiality to show how each city interacted with its surrounding regional, national, and global spheres. The functions of Tokyo, as a gateway to Western modernization and center of the Japanese state, shaped the interactions with Korean immigrants. Likewise, Osaka’s functions as a center of mercantilism and second city played a large role in how Koreans were incorporated into the urban ethnoscapes. Taken together, these two examples provide insight to the dynamics of urban systems on the development of immigrant communities.

Perhaps more than anywhere else in the world, the nineteenth century encounter between East Asia and the Western world has been narrated as a legal encounter. Commercial treaties--negotiated by diplomats and focused on trade--framed the relationships among Tokugawa-Meiji Japan, Qing China, Choson Korea, and Western countries including Britain, France, and the United States. These treaties created a new legal order, very different than the colonial relationships that the West forged with other parts of the globe, which developed in dialogue with local precedents, local understandings of power, and local institutions. They established the rules by which foreign sojourners worked in East Asia, granting them near complete immunity from local laws and jurisdiction. The laws of extraterritoriality looked similar on paper but had very different trajectories in different East Asian countries. Pär Cassel's first book explores extraterritoriality and the ways in which Western power operated in Japan and China from the 1820s to the 1920s. In Japan, the treaties established in the 1850s were abolished after drastic regime change a decade later and replaced by European-style reciprocal agreements by the turn of the century. In China, extraterritoriality stood for a hundred years, with treaties governing nearly one hundred treaty ports, extensive Christian missionary activity, foreign controlled railroads and mines, and other foreign interests, and of such complexity that even international lawyers couldn't easily interpret them. Extraterritoriality provided the springboard for foreign domination and has left Asia with a legacy of suspicion towards international law and organizations. The issue of unequal treaties has had a lasting effect on relations between East Asia and the West. Drawing on primary sources in Chinese, Japanese, Manchu, and several European languages, Cassel has written the first book to deal with exterritoriality in Sino-Japanese relations before 1895 and the triangular relationship between China, Japan, and the West. Grounds of Judgment is a groundbreaking history of Asian engagement with the outside world and within the region, with broader applications to understanding international history, law, and politics.

This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.

A leader of a global superpower is betrayed by his mistress, who makes public the sordid details of their secret affair. His wife stands by as he denies the charges. Debates over definitions of moral leadership ensue. Sound familiar? If you guessed Clinton and Lewinsky, try again. This incident involved former Japanese prime minister Sosuke Uno and a geisha. In Secrets, Sex, and Spectacle, Mark D. West organizes the seemingly random worlds of Japanese and American scandal—from corporate fraud to baseball cheaters, political corruption to celebrity sexcapades—to explore well-ingrained similarities and contrasts in law and society. In Japan and the United States, legal and organizational rules tell us what kind of behavior is considered scandalous. When Japanese and American scandal stories differ, those rules—rules that define what’s public and what’s private, rules that protect injuries to dignity and honor, and rules about sex, to name a few—often help explain the differences. In the cases of Clinton and Uno, the rules help explain why the media didn’t cover Uno’s affair, why Uno’s wife apologized on her husband’s behalf, and why Uno—and not Clinton—resigned. Secrets, Sex, and Spectacle offers a novel approach to viewing the phenomenon of scandal—one that will be applauded by anyone who has obsessed over (or ridiculed) these public episodes.