FREE BOOKS

Author's List




PREV.   NEXT  
|<   954   955   956   957   958   959   960   961   962   963   964   965   966   967   968   969   970   971   972   973   974   975   976   977   978  
979   980   981   982   983   984   985   986   987   988   989   990   991   992   993   994   995   996   997   998   999   1000   1001   1002   1003   >>   >|  
atching the embassy. But its failure was a foregone conclusion. The conditions originally necessitating extraterritorial jurisdiction had not, by 1871 undergone any change justifying its abolition. It is not to be denied, on the other hand, that the consular courts themselves invited criticism. Some of the great Western powers had organized competent tribunals with expert judicial officials, but others, whose trade with Japan was comparatively insignificant, were content to entrust consular duties to merchants, who not only lacked legal training but were also themselves engaged in the commercial transactions upon which they might, at any moment, be required to adjudicate magisterially. ENGRAVING: DANJURO, A FAMOUS ACTOR, AS BENKEI IN KANJINCHO (A PLAY) It cannot be contended that this obviously imperfect system was disfigured by many abuses. On the whole, it worked passably well, and if its organic faults helped to discredit it, there is no denying that it saved the Japanese from complications which would inevitably have arisen had they been entrusted with jurisdiction which they were not prepared to exercise satisfactorily. Moreover, the system had vicarious usefulness; for the ardent desire of Japanese patriots to recover the judicial autonomy, which is a fundamental attribute of every sovereign State, impelled them to recast their laws and reorganize their law courts with a degree of diligence which would otherwise have probably been less conspicuous. Twelve years of this work, carried on with the aid of thoroughly competent foreign jurists, placed Japan in possession of codes of criminal and civil law in which the best features of European jurisprudence were applied to the conditions and usages of Japan. Then, in 1883, Japan renewed her proposal for the abolition of consular jurisdiction, and by way of compensation she promised to throw the country completely open and to remove all restrictions hitherto imposed on foreign trade, travel, and residence within her realm. But this was a problem against whose liberal solution the international prejudice of the West was strongly enlisted. No Oriental State had ever previously sought such recognition, and the Occident, without exception, was extremely reluctant to entrust the lives and properties of its subjects and citizens to the keeping of a "pagan" people. Not unnaturally the foreigners resident in Japan, who would have been directly affected by the change, prot
PREV.   NEXT  
|<   954   955   956   957   958   959   960   961   962   963   964   965   966   967   968   969   970   971   972   973   974   975   976   977   978  
979   980   981   982   983   984   985   986   987   988   989   990   991   992   993   994   995   996   997   998   999   1000   1001   1002   1003   >>   >|  



Top keywords:

consular

 

jurisdiction

 
judicial
 

competent

 

abolition

 

entrust

 

foreign

 
conditions
 

Japanese

 

courts


change

 

system

 

usages

 

proposal

 
criminal
 

European

 

jurisprudence

 

features

 

applied

 

renewed


conspicuous

 

reorganize

 
degree
 
diligence
 
recast
 

sovereign

 
impelled
 

jurists

 
carried
 
compensation

Twelve
 

possession

 
problem
 
exception
 

extremely

 

reluctant

 
Occident
 
recognition
 

previously

 
sought

properties

 

subjects

 

resident

 

foreigners

 

directly

 

affected

 
unnaturally
 

citizens

 
keeping
 

people