CHAPTER XV

LAW AND ORDER

In every nation which aspires to be regarded as civilised the

supremacy of the law and the maintenance of order are matters of

supreme importance. The most perfect code of law ever devised is quite

evidently of no importance unless adequate means exist for enforcing

its provisions, and although justice may be lauded as a most admirable

object of attainment, yet, unless the courts of the country are

independent, hold the scales evenly and use the sword with

impartiality, justice will remain merely a sentiment, and there will

be no practical exemplification of it. I have considered in this book

as tersely as possible most of the factors of civilisation in Japan.

Let me briefly deal with this matter of law and order.

When the Revolution was effected in 1868 the whole legal procedure of

the country was thrown more or less into a condition of

disorganisation. Prior to 1868, as my readers will have seen, feudal

principles prevailed in Japan. The feudal lords, or Daimios,

administered justice, or what passed for it, within their own

territories, and they were answerable to the central authority. In

theory the feudal lords were commissioners of the ruling sovereign

from whom they derived their authority; in practice they were very

largely a law unto themselves, and their subjects had little or no

practical chance of redress in the event of their suffering any

injustice. It is very difficult to ascertain whether there was in

reality a legal code of any kind in existence and under the ken of

these feudal lords. The legal system then in vogue appears to have

been based for the most part on custom and usage. A writer on the

subject has remarked that the few written laws were of a thoroughly

practical character. Unfortunately I have not had an opportunity of

acquainting myself with the nature of these laws. They were probably,

like everything else in the country, imported from China, and indeed

the Chinese legal system has been supreme in Japan until recently, and

even now I am not quite certain that much of its influence does not

remain. I have read that the fundamental principle underlying the

written laws referred to was that: "The people should obey the law,

but should not know the law." The code was accordingly a secret one. I

have not space, nor indeed have I any inclination, to deal with what

is, after all, an academical question as to the law prevalent in Japan

prior to the Revolution. It was probably for the most part, just as in

other countries when feudalism existed, a kind of rough-and-ready

justice, which perhaps served its purpose well at the time, and

depended more as regards the matter of justice upon the administrator

of it than upon the code itself. Though the Revolution took place in

1868, it was not until 1871 that the Daimios were deprived of all

their administrative authority. The whole of the country was then

divided into districts under the control of the central Government,

and all relics of feudalism and class privileges, which had been

numerous, were ruthlessly swept away. In due course a civil code,

commercial code, code of civil procedure, and code of criminal

procedure were issued. One or two of these codes were found not to

work well in practice, and they have been submitted to and revised by

committees specially appointed for that purpose.

As I stated in the chapter on the Constitution the independence of the

judges is recognised and provided for. The legal system of Japan at

the present time is eclectic. As I have said, the Chinese system of

legal procedure long obtained, and its influences may perhaps to some

extent still remain. Nevertheless Japan has gone to various countries

and selected what she deemed good in each for her present legal

system. The jurisprudence of both France and England have been largely

drawn on. In reference to the civil law custom is, as might have been

expected in view of the circumstances of the country, still strongly

relied on. There has often been a difficulty in ascertaining custom

owing to the changed and changing conditions of the nation, and in

reference thereto very much the same procedure has followed as in this

country where the question of custom is so frequently pleaded in the

courts of law. Some of the German system of jurisprudence has also

been included in the Japanese legal system. As I have elsewhere

observed, the suggestion to abolish extra-territoriality, and with it

the foreign courts in Japan, met with a considerable amount of

opposition from the foreign community there who believed that they

would not be able to obtain justice in the Japanese courts. These

fears have been shown to be groundless, and it is now generally

recognised that the foreigner in Japan need have no fear of going into

a Japanese court where he is, whether it be a civil or criminal

matter, certain to obtain a perfectly fair trial.

Closely connected with law is the matter of police. In Japan the

police of the country are entirely under the control of the State,

just as are the constabulary in Ireland. The police are under the

orders of the Minister of the Interior, who has a special office for

dealing with the matter. The cost of the force is, however, paid by

each prefecture, the State granting a small subsidy. According to the

latest statistics, the police force of Japan amounted to something

under 35,000 officers and men. When we consider that this body of men

is responsible for the enforcement of the law and the preservation of

order among some 47,000,000 people, it will, I think, be admitted that

the number is not excessive. The social condition of the Japanese

police, if I may use such a term, is higher than that of the police in

this and other countries. In Japan the police force had its genesis

after the abolition of feudalism, and, as a matter of fact, a large

proportion of the first members thereof belonged to the Samurai class.

The social position and intellectual attainment of these young men

gave what I may term a standing to the police force in Japan which it

has not yet lost. Of course, nothing like the same class of men is now

attracted to it, the salaries are comparatively small and the work is

not over-congenial for people whose ideas are such as those of the

Japanese.

I may mention, as an interesting feature in this connection, that the

Government have established a police and prison college in Tokio,

where both police and prison officials are effectively trained for the

discharge of their duties. This college was established when

extra-territoriality was abolished, with the view of ensuring a higher

training in view of the additional responsibilities that would devolve

upon the police and prison officials.

From police I naturally come to some consideration of prisons. There

are a large number of people in this country who have the idea in

their mind that prisons are a weak point in all foreign countries, and

that it is only in England that these regrettable institutions are

properly managed. In fact the idea now seems to be prevalent here that

we have gone too far in the direction of making prisons comfortable,

and that excellent alliteration "Coddled Criminals" has more than once

done duty in print in this connection. I consider that the present

prison system in Japan is regulated and administered on sounder

principles than those that obtain in this country. There are in all

about 140 prisons in Japan. All the old prisons in the country were

constructed of wood and arranged on the associate system. A separate

cell system is, however, specially provided for foreign criminals, who

are given clothes, bedding, and other articles to which they are used.

The Government, a few years ago, commenced the construction of a

number of new prisons, for the most part built of brick, in which a

mixed system of separation and association, according to the offences

of the prisoners, will be employed. The windows of these prisons were

directed to be made especially large, so that the prisoners might have

plenty of light and air. This is a matter in which some foreign

Governments, that of this country included, might well take a lesson

from Japan.

It is pleasing to be able to state that since 1899 the inmates of the

prisons have been decreasing in number. There is nothing quite

analogous to the ticket-of-leave system in this country. Parole is

suggested by a prison governor to the Minister of Justice in reference

to any prisoner whom he may deem worthy of the privilege, provided

that prisoner has completed three-fourths of the sentence imposed

upon him and has shown a disposition to live more worthily. I do not

quite know how this latter fact is made plain in gaol, but at any rate

the prison governor has to be convinced of it. A prisoner thus

released remains under police supervision during the remainder of his

sentence.

In Japan the death penalty is not confined to murder. It may be

inflicted for robbery with violence, homicide, wounds inflicted by

children upon their fathers, mothers, and grand-parents, as well as

for arson. This sounds a somewhat drastic blood code, but when I state

that the average number of persons executed in Japan does not exceed

thirty a year, it will be seen that either the crimes mentioned are

infrequent or that the punishment of death is only inflicted in

extreme cases.

One interesting feature of the Japanese prison system is the granting

of medals to criminals who have shown an amendment of their lives by

good conduct and diligence at their work. The privileges enjoyed by

persons possessing these medals are so interesting that I will

transcribe them here:--

1. All medallists are supplied with superior kinds of garments and

other articles.

2. Each medallist is allowed to send out two letters per month.

3. Medallists enjoy the privilege of bathing prior to other prisoners,

hot water being used in accordance with the general custom of the

Japanese people.

4. The supply of accessories is increased in quantity every week for

medallists, according to the number of medals granted, to the extent

of an increased expense of two sen or less for one meal per person.

This increase is granted once a week to the possessor of two medals,

and three times a week for each possessor of three medals.

5. The allotment of earnings is made in the following proportion, the

remainder being applied to prison expenses:--

Three-tenths to each felon to whom one medal has been granted.

Four-tenths to each misdemeanant to whom one medal has been awarded.

Four-tenths to each felon having been granted two medals.

Five-tenths to each felon possessing three medals.

Six-tenths to each misdemeanant granted three medals.

There is no need for me to deal with the question of punishment of

criminals in Japanese prisons. I may, however, remark that in respect

of foreign criminals every effort is made to treat them in accordance

with their conditions of national life in regard to bathing, food, &c.

In reference to the question of prison labour, which has become

somewhat of a vexed economic problem in this country, the Japanese

authorities do not appear to experience much difficulty. The object of

the prison system of labour is to give the prisoners a careful

training, and to encourage diligence, so that on their return to the

world they may not experience difficulty in obtaining employment. The

labour is of two kinds--Government, and for private individuals. In

the latter case the necessary labour is obtained from the prisons

direct, the employers supplying the material. I think this part of the

system is perhaps open to question, as it has been found in other

countries productive of grave abuses.

The discharged prisoner in Japan, as in other countries, finds a

difficulty in obtaining employment, and several societies similar to

those in existence here have been established with a view of assisting

discharged prisoners. I have not sufficient information to enable me

to say what measure of success these societies have achieved. In a

country like Japan, which is endeavouring to perfect all her

institutions, I hope that the discharged prisoner problem will be

solved otherwise than by philanthropic societies. The criminal who has

completed his sentence ought to be deemed to have purged his offence,

and has a right to return to the community and obtain work until, if

ever, he again misconducts himself.

I hope my few remarks on the subject of the means taken in Japan to

maintain law and order will tend to convince my readers that in every

detail of her administration Japan has shown a capacity for adapting

what is good in foreign nations and moulding it for her own purposes.

The foreign community in Japan has long since got over its state of

panic in regard to the danger of suing and being sued in Japanese

courts, and the possibility of being an inmate of a Japanese gaol. The

years that have elapsed since the treaties were revised have

demonstrated clearly that, if anything, extra consideration is shown

to the foreigner in all the details of the administration of the law

in Japan. I remarked at the beginning of this chapter that the

supremacy of the law and the maintenance of order are matters of

supreme importance in every civilised country. Japan has recognised

this fact, and she has acted upon the recognition thereof with most

admirable results.

The Empire of the East · 第 15 / 25 章