A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.

Japan's modern written law is Western. However, this law operates in a society whose values are pre-Western. In order to understand the function of modern law one has to study older systems of law as well. The main phases of Japan's pre-modern legal development are first, the indigenous customary law of the Yamato state. Next, the import and adaptation of Chinese codes from the 7th century onwards. Third, the use of Chinese legal techniques to bring order to the indigenous feudal law, culminating in the thirteenth century, and leading to the independence of Japan's legal system from that of China. Fourth, the mature system of written law and custom of the Tokugawa state. It is owing to the existence of well-functioning channels of law that Japan was able to modernise rapidly.

Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

HauptbeschreibungZiel des Bandes ist es, verstreut ver©œffentlichte Abhandlungen zum japanischen Recht und zur juristischen Ideengeschichte an einem Ort zusammenzuf©ơhren. Er ist eine Grundlage f©ơr die wissenschaftliche Besch©Þftigung mit der juristischen Zeitgeschichte Japans und der dortigen Rechtsentwicklung. F©ơnf japanische Rechtswissenschaftler vermitteln den unmittelbaren Zugang zum japanischen Recht, der den Rechtsvergleichern, die aus dem westlichen Sprachraum kommen, h©Þufig verschlossen bleibt.