Reception of law in the Meiji era – the basis and impact on the Japanese legal order

Abstract

The paper deals with the process of the reception of law in Japan in the era of Meiji restoration, through the observation of its background and scope as well as of impact the reception had on the development of Japanese legal order in the 20th century. Besides the special circumstances of Meiji reception (isolation of Japan and politics of Western countries), there were some general factors that made this reception of law easier and more effective. Among them one should mention the evolutionary course of history of Japan, former successful experiences in adaptation of Chinese cultural achievements (language, law, etc.), as well as consensual type of national consciousness in collective and hierarchical structure of this society. All this leads to the special kind of pragmatic junction between the transplanted letter of law and autonomous, deeply rooted social rules, resulting in functionality of Japanese legal order.