著者

福島 小夜子

出版者

一般社団法人 日本オリエント学会

雑誌

オリエント (ISSN:00305219)

巻号頁・発行日

vol.23, no.2, pp.99-116, 1980 (Released:2010-03-12)

---

Treaties, concluded by Japan for the first time with foreign countries during the years of 1854-58, were unequal treaties including such stipulations as consular jurisdiction, tariff rate by agreement and unilateral most favored-nation clause.One of the most important tasks of Meiji new government was to negotiate with each country for the revision of these unequal treaties. For this accomplishment, the government modernized the Japanese legal system. Japanese codification was based chiefly up on the model of French and German laws, under the leadership of foreign advisers, such as Dr. Boissonade. On the other hand many practical jedges came into contact with foreign laws especially English law by going through the consular courts. And, during the process of negotiation Japan had known several Middle East legal institutions. For instance, at Constantinople, Egyptian Foreign Minister Nubar Pasha gaved useful advice about mixed court to a member of Iwakura Mission in 1873. And Egyptian rules for mixed courts were translated into Japanese in 1874. At the same time Japanese jurists asked for Dr. Boissonacle's lectures concerning the history of consular jurisdiction and Islamic law.When Japan demanded the revision of the treaty to each country, Great Britain made decision to set up a mixed court for Japan as like Egypt. The Conference for the Revision of the Treaty was held in 1886, and “Draft of the Treaty for Jurisdiction” was proposed by Great Britain and Germany, which asked for Japan to adopt foreign judges. In those days the movement against the Revision of the Treaties arose in all over Japan. At that time Dr. Boissonade's opinion was known to Japanese, and it made the movement more violent. He insisted that the adoption of foreign judges by an independent state meant a loss of independence of its judicial power, and would lead subsequently to the national independence. Japanese government could not help postponing the negotiation for the revision of the treaty by the time when the codification had been concluded. Japan had strived for the Europeanized legislation, therefore the research on Egyptian or Islamic laws were discontinued. As Japanese constitution was promulgated in 1890 and many laws followed it, Japan assumed the form of a modern state. Thus, consular courts in Japan were abolished in 1899.

著者

福島 小夜子

出版者

国立国会図書館図書館協力部

雑誌

びぶろす (ISSN:00062030)

巻号頁・発行日

vol.19, no.11, pp.15-19, 1968-11