著者

井戸田 博史

出版者

奈良産業大学法学会

雑誌

奈良法学会雑誌 = Nara Law Review (ISSN:0914921X)

巻号頁・発行日

vol.12, no.3・4, pp.67-84, 2000-03-01

著者

井戸田 博史

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.21, pp.39-48, 1985-05-20

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The present paper is an extract from my presentation "The Name Policy in the early Meiji Era" given at the conference of the Japan Association of Legal and Political Sciences in May, 1984. Before Meiji, a person's surname indicated his lineage and his privileged status. Only the people in the privileged classes-the samurai class and above-were permitted to have their family names. In the Meiji Era, however, the surname came to be regarded as the name of "Ie(家)" after many complicated processes, and it was ordered that all Japanese should have their surnames. After the Second World War, "Ie(家)" was abolished, and as the result, today's surname has come to be considered to be the name of the individual. Actually, however, the surname is not necessarily understood as the name of the individual in our feelings and customs, and consequently, it brings forward many problems. Therefore, the problems involved in the surname are old but new. Our surnames today are based on the name policy adopted in the early Meiji Era. The purpose of this paper is to clarify the nature of the name policy adopted in that period, because it will be an important clue to approach the complicated problems involved in the present-day surname. This paper contains the following items: 1. Introduction 2. The way to "the Ordinance to compel the Commoner to have their Surnames" (1) The denial of the "privileged surname" given by the former Tokugawa shogunate (2) "The Ordinance to Permit the Commoner to have thier Surnames" 3. The Ordinance to Compel the Commoner to have their Surnames 4. Prospects

著者

井戸田 博史

出版者

奈良産業大学法学会

雑誌

奈良法学会雑誌 (ISSN:0914921X)

巻号頁・発行日

vol.12, no.3, pp.67-84, 2000-03

著者

井戸田 博史 イドタ ヒロフミ Hirofumi Idota

雑誌

帝塚山短期大学紀要. 人文・社会科学編・自然科学編

巻号頁・発行日

vol.31, pp.51-66, 1994-03-01

著者

井戸田 博史

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.19, pp.29-40, 1983-05-20

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This paper an extract from my presentation "Family Succession in the Meiji Civil Code" given at the Japan Association of Legal and Political Sciences in May of 1982. My research and this introduced theme is based on the case of Count Nogi. When Emperor Meiji passed away in 1912, General Maresuke Nogi committed suicide with his wife. He had also decided to end the Nogi family line, and towards this he refused any adoption into that family. His will stated that the Nogi line would be ended not to be revived. Following his instruction, the Nogi line was rooted out. But, on the third anniversary of his death in 1915, the Nogi line was restored by Motosato Mori, the second son of Maresuke Nogi's former feudal lord, Mototoshi Mori, not by one of Gen. Nogi's relatives. Motosato Mori was conferred the title of count by Emperor Taisho. In addition, Mori changed his family neme to Nogi and took possession of the Nogi graveyard, lineage and other ancestral treasures. This incident brought about serious disputes concerning the social, legal, political, moral and other aspects ; the incident meant that Nogi's will was ignored and there were lost of legal problems left unsolved. Though there are many points that need clarification, due to space limitation I have confined my remarks to next two points : 1. What were the causes that brought Gen. Nogi's decision on

著者

井戸田 博史

出版者

帝塚山大学

雑誌

帝塚山短期大学紀要. 人文・社会科学編・自然科学編 (ISSN:1344915X)

巻号頁・発行日

vol.31, pp.51-66, 1994-03-01

著者

井戸田 博史

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.21, pp.39-48, 1985-05-20 (Released:2017-11-01)

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The present paper is an extract from my presentation "The Name Policy in the early Meiji Era" given at the conference of the Japan Association of Legal and Political Sciences in May, 1984. Before Meiji, a person's surname indicated his lineage and his privileged status. Only the people in the privileged classes-the samurai class and above-were permitted to have their family names. In the Meiji Era, however, the surname came to be regarded as the name of "Ie(家)" after many complicated processes, and it was ordered that all Japanese should have their surnames. After the Second World War, "Ie(家)" was abolished, and as the result, today's surname has come to be considered to be the name of the individual. Actually, however, the surname is not necessarily understood as the name of the individual in our feelings and customs, and consequently, it brings forward many problems. Therefore, the problems involved in the surname are old but new. Our surnames today are based on the name policy adopted in the early Meiji Era. The purpose of this paper is to clarify the nature of the name policy adopted in that period, because it will be an important clue to approach the complicated problems involved in the present-day surname. This paper contains the following items: 1. Introduction 2. The way to "the Ordinance to compel the Commoner to have their Surnames" (1) The denial of the "privileged surname" given by the former Tokugawa shogunate (2) "The Ordinance to Permit the Commoner to have thier Surnames" 3. The Ordinance to Compel the Commoner to have their Surnames 4. Prospects

著者

井戸田 博史

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.25, pp.33-43, 1989-05-20

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Ensuring personal privacy is one of the most controversial problems in Japan today. Infringement of an individual's rights to privacy have often occured in relation to the system of public access to family registers;that is, the public perusal, or obtaining of certified copies or abstracts of family registers by another person. That being the case, restrictions to access are growing more necessary. Incidentally, the principle of public access to family registers was enacted in the Family Registration of 1898-Meiji 31. This paper aims at clarifing, with the help of the documentary records, the legislative process as it relates to public access to family registers before the Family Registration Law in 1898. This bibliographical report is a preliminary step in the study preparing a thesis on the privacy problems through the family register system.