The new Civil Code adopted in 1898 furnishes an authoritative

statement of many of the moral ideals of New Japan. For the following

summary I am indebted to the _Japan Mail_.[BP] In regard to marriage

it is noteworthy that the "prohibited degrees of relationship are the

same as those in England"--including the deceased wife's sister. "The

minimum age for legal marriage is seventeen in the case of a man and

fifteen in the case of a woman, and marriage takes effect on

notification to the registrar, being thus a purely civil contract. As

to divorce, it is provided that the husband and wife may effect it by

mutual consent, and its legal recognition takes the form of an entry

by the registrar, no reference being necessary to the judicial

authorities. Where mutual consent is not obtained, however, an action

for divorce must be brought, and here it appears that the rights of

the woman do not receive the same recognition as those of the man.

Thus, although adultery committed by the wife constitutes a valid

ground of divorce, we do not find that adultery on the husband's part

furnishes a plea to the wife. Ill-treatment or gross insult, such as

renders living together impracticable, or desertion, constitutes a

reason for divorce from the wife's point of view." The English

reviewer here adds that "since no treatment can be worse nor any

insult grosser than open inconstancy on the part of a husband, it is

conceivable that a judge might consider that such conduct renders

living together impracticable. But in the presence of an explicit

provision with regard to the wife's adultery and in the absence of any

such provision with regard to the husband's, we doubt whether any

court of law would exercise discretion in favor of the woman." The

gross "insult of inconstancy" on the part of the husband is a plea

that has never yet been recognized by Japanese society. The reviewer

goes on to say: "One cannot help wishing that the peculiar code of

morality observed by husbands in this country had received some

condemnation at the hands of the framers of the new Code. It is

further laid down that a 'person who is judicially divorced or

punished because of adultery cannot contract a marriage with the other

party to the adultery.' If that extended to the husband it would be an

excellent provision, well calculated to correct one of the worst

social abuses of this country. Unfortunately, as we have seen, it

applies apparently to the case of the wife only." The provision for

divorce by "mutual consent" is striking and ominous. It makes divorce

a matter of entirely private arrangement, unless one of the parties

objects. In a land where women are so docile, is it likely that the

wife would refuse to consent to divorce when her lord and master

requests or commands her to leave his home? "There are not many women

in Japan who could refuse to become a party to the 'mutual consent'

arrangement if they were convinced that they had lost their husband's

affection and that he could not live comfortably with them." It would

appear that nothing whatever is said by the Code with reference to

concubinage, either allowing or forbidding it. Presumably a man may

have but one legitimate wife, and children by concubines must be

registered as illegitimate. Nothing, however, on this point seems to

be stated, although provision is made for the public acknowledgment of

illegitimate children. "Thus, a father can acknowledge a natural

child, making what is called a 'shoshi,' and if, subsequent to

acknowledgment, the father and mother marry, the 'shoshi,' acquires

the status of a legitimate child, such status reckoning back,

apparently to the time of birth." Evidently, this provision rests on

the implication that the mother is an unmarried woman--presumably a

concubine.

Recent statistics throw a rather lurid light on these provisions of

the Code. The Imperial Cabinet for some years past has published in

French and Japanese a résumé of national statistics. Those bearing on

marriage and divorce, in the volume published in 1897, may well be

given at this point.

MARRIAGES DIVORCES LEGITIMATE BIRTHS ILLEGITIMATE

1890 325,141 109,088 1,079,121 66,253

1891 325,651 112,411 1,033,653 64,122

1892 349,489 133,498 1,134,665 72,369

1893 358,398 116,775 1,105,119 73,677

1894 361,319 114,436 1,132,897 76,407

1895 365,633 110,838 1,166,254 80,168

1897 395,207 124,075 1,335,125 89,996[BQ]

These authoritative statistics show how divorce is a regular part of

the Japanese family system, one out of three marriages proving

abortive.

Morally Japan's weak spot is the relation of the sexes, both before

and after marriage. Strict monogamy, with the equality of duties of

husband and wife, is the remedy for the disease.

This slight sketch of the provision of the new Code as it bears on the

purity of the home, and on the development of noble manhood and

womanhood, shows that the Code is very defective. It practically

recognizes and legalizes the present corrupt practices of society, and

makes no effort to establish higher ideals. Whether anything more

should be expected of a Code drawn up under the present circumstances

is, of course, an open question. But the Code reveals the

astonishingly low condition of the moral standards for the home, one

of the vital weaknesses of New Japan. The defectiveness of the new

Code in regard to the matters just considered must be argued, however,

not from the failure to embody Occidental moral standards, but rather

from the failure to recognize the actual nature of the social order of

New Japan. While the Code recognizes the principle of individualism

and individual rights and worth in all other matters, in regard to the

home, the most important social unit in the body politic, the Code

legalizes and perpetuates the old pre-Meiji standards. Individualism

in the general social order demands its consistent recognition in

every part.

We cannot conclude our discussion of Japanese ideas as to woman, and

the consequent results to morality, without referring to the great

changes which are to-day taking place. Although the new Civil Code has

not done all that we could ask, we would not ignore what it has

secured. Says Prof. Gubbins in the excellent introduction to his

translation of the Codes:

"In no respect has modern progress in Japan made greater strides than

in the improvement of the position of woman. Though she still labors

under certain disabilities, a woman can now become a head of a family,

and exercise authority as such; she can inherit and own property and

manage it herself; she can exercise parental authority; if single, or

a widow, she can adopt; she is one of the parties to adoption effected

by her husband, and her consent, in addition to that of her husband,

is necessary to the adoption of her child by another person; she can

act as guardian, or curator, and she has a voice in family councils."

In all these points the Code marks a great advance, and reveals by

contrast the legally helpless condition of woman prior to 1898. But in

certain respects practice is preceding theory. We would call special

attention to the exalted position and honor publicly accorded to the

Empress. On more than one historic occasion she has appeared at the

Emperor's side, a thing unknown in Old Japan. The Imperial Silver

Wedding (1892) was a great event, unprecedented in the annals of the

Orient. Commemorative postage stamps were struck off which were first

used on the auspicious day.

The wedding of the Prince Imperial (in May, 1900) was also an event of

unique importance in Japanese social and moral history. Never before,

in the 2600 years claimed by her historians, has an heir to the throne

been honored by a public wedding. The ceremony was prepared _de novo_

for the occasion and the pledges were mutual. In the reception that

followed, the Imperial bride stood beside her Imperial husband. On

this occasion, too, commemorative postage stamps were issued and first

used on the auspicious day; the entire land was brilliantly decorated

with flags and lanterns. Countless congratulatory meetings were held

throughout the country and thousands of gifts, letters, and

telegraphic messages expressed the joy and good will of the people.

But the chief significance of these events is the new and exalted

position accorded to woman and to marriage by the highest personages

of the land. It is said by some that the ruling Emperor will be the

last to have concubines. However that may be, woman has already

attained a rank and marriage an honor unknown in any former age in

Japan, and still quite unknown in any Oriental land save Japan.

A serious study of Japanese morality should not fail to notice the

respective parts taken by Buddhism and Confucianism. The contrast is

so marked. While Confucianism devoted its energies to the inculcation

of proper conduct, to morality as contrasted to religion, Buddhism

devoted its energies to the development of a cultus, paying little

attention to morality. A recent Japanese critic of Buddhism remarks

that "though Buddhism has a name in the world for the excellence of

its ethical system, yet there exists no treatise in Japanese which

sets forth the distinctive features of Buddhist ethics." Buddhist

literature is chiefly occupied with mythology, metaphysics, and

eschatology, ethical precepts being interwoven incidentally. The

critic just quoted states that the pressing need of the times is that

Buddhist ethics should be disentangled from Buddhist mythology. The

great moralists of Japan have been Confucianists. Distinctively

Japanese morality has derived its impulse from Confucian classics. A

new spirit, however, is abroad among the Buddhist priesthood. Their

preaching is increasingly ethical. The common people are saying that

the sermons heard in certain temples are identical with those of

Christians. How widely this imitation of Christian preaching has

spread I cannot say; but that Christianity has in any degree been

imitated is significant, both ethically and sociologically.

Buddhism is not alone, however, in imitating Christianity. A few years

ago Dr. D.C. Greene attended the preaching services of a modern Shinto

sect, the "Ten-Ri-Kyo," the Heaven-Reason-Teaching, and was surprised

to hear almost literal quotations from the "Sermon on the Mount"; the

source of the sentiment and doctrine was not stated and very likely

was not known to the speaker. Dr. Greene, who has given this sect

considerable study, is satisfied that the insistence of its teachers

on moral conduct is general and genuine. When I visited their

headquarters, not far from Nara, in 1895, and inquired of one of the

priests as to the chief points of importance in their teaching, I was

told that the necessity of leading an honorable and correct life was

most emphasized. There are reasons for thinking that the Kurozumi sect

of Shintoism, with its emphasis on morality, is considerably indebted

to Christianity both for its origin and its doctrine.

It is evident that Christianity is having an influence in Japan, far

beyond the ranks of its professed believers. It is proving a stimulus

to the older faiths, stirring them up to an earnestness in moral

teaching that they never knew in the olden times. It is interesting to

note that this widespread emphasis on ethical truth comes at a time

when morality is suffering a wide collapse.

An important point for the sociological student of Japanese moral

ideals is the fact that her moralists have directed their attention

chiefly to the conduct of the rulers. The ideal of conduct as stated

by them is for a samurai. If any action is praised, it is said that it

becomes a samurai; if condemned, it is on the ground that it is not

becoming to a samurai. Anything wrong or vulgar is said to be what you

might expect of the common man. All the terms of the higher morality,

such as righteousness, duty, benevolence, are expounded from the

standpoint of a samurai, that is, from the standpoint of loyalty. The

forty-seven ronin were pronounced "righteous samurai" because they

avenged the death of their lord, even though in doing so they

committed deeds that, by themselves, would have been condemned.

Japanese history and literature proclaim the same ideal. They are

exclusively concerned with the deeds of the higher class, the court

and the samurai. The actual condition of the common people in ancient

times is a matter not easily determined. The morality of the common

people was more a matter of unreasoning custom than of theory and

instruction. But these facts are susceptible of interpretation if we

remember that the interest of the historian and the moralist was not

in humanity, as such, but in the external features of the social

order. Their gaze was on the favored few, on the nobility, the court,

and the samurai.

In closing our discussion of Japanese moral ideals it may not be amiss

to append the Imperial Edict concerning the moral education of the

youth of Japan, issued by the Emperor November 31, 1890. This is

supposed to be the distilled essence of Shinto and Confucian teaching.

It is to-day the only authoritative teaching on morality given in the

public schools. It is read with more reverence than is accorded to the

Bible in England or America. It is considered both holy and inspired.

IMPERIAL EDICT ON MORAL EDUCATION

"We consider that the Founder of Our Empire and the ancestors of

Our Imperial House placed the foundation of the country on a grand

and permanent basis, and established their authority on the

principles of profound humanity and benevolence.

"That Our subjects have throughout ages deserved well of the state

by their loyalty and piety, and by their harmonious co-operation,

is in accordance with the essential character of Our nation; and on

these very same principles Our education has been founded.

"You, Our subjects, be therefore filial to your parents; be

affectionate to your brothers; be harmonious as husbands and wives;

and be faithful to your friends; conduct yourselves with propriety

and carefulness; extend generosity and benevolence toward your

neighbors; attend to your studies and follow your pursuits;

cultivate your intellects and elevate your morals; advance public

benefits and promote social interests; be always found in the good

observance of the laws and constitution of the land; display your

personal courage and public spirit for the sake of the country

whenever required; and thus support the Imperial prerogative,

which is coexistent with the Heavens and the Earth.

"Such conduct on your part will not only strengthen the character

of Our good and loyal subjects, but conduce also to the maintenance

of the fame of your worthy forefathers.

"This is the instruction bequeathed by Our ancestors and to be

followed by Our subjects; for it is the truth which has guided and

guides them in their own affairs and their dealings toward aliens.

"We hope, therefore, that We and Our subjects will regard these

sacred precepts with one and the same heart in order to attain the

same ends."

XXIV

MORAL PRACTICE

One noticeable characteristic of the Japanese is the publicity of the

life of the individual. He seems to feel no need for privacy. Houses

are so constructed that privacy is practically impossible. The slight

paper shoji and fusuma between the small rooms serve only partially to

shut out peering eyes; they afford no protection from listening ears.

Moreover, these homes of the middle and lower classes open upon public

streets, and a passer-by may see much of what is done within. Even the

desire for privacy seems lacking. The publicity of the private (?)

baths and sanitary conveniences which the Occidental puts entirely out

of sight has already been noted.

I once passed through a village and was not a little amazed to see two

or three bathtubs on the public road, each occupied by one or more

persons; nor were the occupants children alone, but men and women

also. Calling at the home of a gentleman in Kyushu with whom I had

some business, and gaining no notice at the front entrance, I went

around to the side of the house only to discover the lady of the place

taking her bath with her children, in a tub quite out of doors, while

a manservant chopped wood but a few paces distant.

The natural indifference of the Japanese to the exposure of the

unclothed body is an interesting fact. In the West such indifference

is rightly considered immodest. In Japan, however, immodesty consists

entirely in the intention of the heart and does not arise from the

accident of the moment or the need of the occasion. With a fellow

missionary, I went some years since to some famous hot springs at the

foot of Mount Ase, the smoking crater of Kyushu. The spot itself is

most charming, situated in the center of an old crater, said to be the

largest in the world. Wearied with a long walk, we were glad to find

that one of the public bath tubs or tanks, some fifteen by thirty feet

in size, in a bath house separate from other houses, was quite

unoccupied; and on inquiry we were told that bathers were few at that

hour of the day, so that we might go in without fear of disturbance.

It seems that in such places the tiers of boxes for the clothing on

either side of the door, are reserved for men and women respectively.

Ignorant of this custom, we deposited our clothing in the boxes on the

left hand, and as quickly as we could accommodate ourselves to the

heat of the water, we got into the great tank. We were scarcely in,

when a company of six or eight men and women entered the bath house;

they at once perceived our blunder, but without the slightest

hesitation, the women as well as the men went over to the men's side

and proceeded to undress and get into the tank with us, betraying no

consciousness that aught was amiss. So far as I could see there was

not the slightest self-consciousness in the entire proceeding. In the

tank, too, though it is customary for women to occupy the left side,

on this occasion they mingled freely with the men. I suppose it is

impossible in England or America to conceive of such a state of

unconsciousness. Yet it seems to be universal in Japan. It is

doubtless explained by the custom, practiced from infancy, not only of

public bathing, but also of living together so unreservedly. The heat

of the summer and the nature of Japanese clothing, so easily thrown

off, has accustomed them to the greater or less exposure of the

person. All these customs have prevented the development of a sense of

modesty corresponding to that which has developed in the West. Whether

this familiarity of the sexes is conducive to purity of life or not,

is a totally different question, on which I do not here enter.

In this connection I can do no better than quote from a popular, and

in many respects deservedly popular, writer on Japan. Says Mr. Hearn,

"There is little privacy of any sort in Japan. Among the people,

indeed, what we term privacy in the Occident does not exist. There are

only walls of paper dividing the lives of men; there are only sliding

screens instead of doors; there are neither locks nor bolts to be used

by day; and whenever the weather permits, the fronts and perhaps even

the sides of the houses are literally removed, and its interior widely

opened to the air, the light, and the public gaze. Within a hotel or

even a common dwelling house, nobody knocks before entering your room;

there is nothing to knock at except a shoji or a fusuma, which cannot

be knocked at without being broken. And in this world of paper walls

and sunshine, nobody is afraid or ashamed of fellow-man or

fellow-woman. Whatever is done is done after a fashion in public. Your

personal habits, your idiosyncrasies (if you have any), your foibles,

your likes and dislikes, your loves and your hates must be known to

everybody. Neither vices nor virtues can be hidden; there is

absolutely nowhere to hide them.... There has never been, for the

common millions at least, even the idea of living unobserved." The

Japanese language has no term for "privacy," nor is it easy to convey

the idea to one who does not know the English word. They lack the term

and the clear idea because they lack the practice.

These facts prove conclusively that the Japanese individual is still a

gregarious being, and this fact throws light on the moral life of the

people. It follows of necessity that the individual will conform

somewhat more closely to the moral standards of the community, than a

man living in a strong segregarious community.

The converse of this principle is that in a community whose

individuals are largely segregarious, enjoying privacy, and thus

liberty of action, variations from the moral standards will be

frequent and positive transgressions not uncommon. In the one case,

where "communalism" reigns, moral action is, so to speak, automatic;

it requires no particular assertion of the individual will to do

right; conformity to the standard is spontaneous. In the latter case,

however, where "individualism" is the leading characteristic of the

community, the acceptance of the moral standards usually requires a

definite act of the individual will.

The history of Japan is a capital illustration of this principle. The

recent increase of immorality and crime is universally admitted. The

usual explanation is that in olden times every slight offense was

punished with death; the criminal class was thus continuously

exterminated. Nowadays a robber can ply his trade continuously, though

interrupted by frequent intervals of imprisonment. In former times,

once caught, he never could steal again, except in the land of the

shades. While this explanation has some force, it does not cover the

ground. A better explanation for the modern increase of lawlessness is

the change in the social order itself. The new order gives each man

wider liberty of individual action. He is free to choose his trade and

his home. Formerly these were determined for him by the accident of

his birth. His freedom is greater and so, too, are his temptations.

Furthermore, the standards of conduct themselves have been changing.

Certain acts which would have brought praise and honor if committed

fifty years ago, such, for instance, as "kataki uchi," revenge, would

to-day soon land one behind prison doors. In a word, "individualism"

is beginning to work powerfully on conduct; it has not yet gained the

ascendancy attained in the West; it is nevertheless abroad in the

land. The young are especially influenced by it. Taking advantage of

the liberty it grants, many forms of immorality seem to be on the

increase. So far as I can gather by inquiry, there has been a great

collapse not only in honesty, but also in the matter of sexual

morality. It will hardly do to say dogmatically that the national

standards of morality have been lowered, but it is beyond question

that the power of the community to enforce those standards has

suddenly come to naught by reason of the changing social order.

Western thought and practice as to the structure of society and the

freedom of the individual have been emphasized; Spencer and Mill and

Huxley have been widely read by the educated classes.[BR]

Furthermore, freedom and ease of travel, and liberty to change one's

residence at will, and thus the ability to escape unpleasant

restraints, have not a little to do with this collapse in morality.

Tens of thousands of students in the higher schools are away from

their homes and are entirely without the steadying support that home

gives. Then, too, there is a wealth among the common people that was,

never known in earlier times. Formerly the possession of means was

limited to a relatively small number of families. To-day we see

general prosperity, and a consequent tendency to luxury that was

unknown in any former period.

To be specific, let us note that in feudal times there were some 270

daimyo living in the utmost luxury. About 1,500,000 samurai were

dependent on them as retainers, while 30,000,000 people supported

these sons of luxury. In 1863 the farmers of Japan raised 30,000,000

koku of rice, and paid 22,000,000 of it to the government as taxes.

Taxed at the same rate to-day the farmers would have to pay

280,000,000 yen, whereas the actual payment made by them is only

38,000,000 yen. "The farmer's manner of life has radically changed. He

is now prosperous and comfortable, wearing silk where formerly he

could scarcely afford cotton, and eating rice almost daily, whereas

formerly he scarcely knew its taste."[BS]

It is stated by the _Japan Mail_ that whereas but "one person out of

ten was able thirty years ago to afford rice, the nine being content

to live from year's end to year's end on barley alone or barley mixed

with a modicum of rice, six persons to-day out of ten count it a

hardship if they cannot sit down to a square meal of rice daily....

Rice is no longer a luxury to the mass of the people, but has become a

necessity."

Financially, then, the farming and middle classes are incomparably

better off to-day than in olden times. The amount of ready money which

a man can earn has not a little to do with his morality. If his

uprightness depends entirely or chiefly on his lack of opportunity to

do wrong, he will be a moral man so long as he is desperately poor or

under strict control. But give him the chance to earn ready cash,

together with the freedom to live where he chooses, and to spend his

income as he pleases, and he is sure to develop various forms of

immorality.

Evolution Of The Japanese, Social And Psychic · 第 22 / 39 段