On the Spirit of Japanese Law

Author: Chen Genfa
Publisher:
Publish Date: 2005-10-01
Features: This book dialectically reveals the unique spirit of Japanese law from the perspective of modern Japanese theoretical legal thought and Japan's indigenous law. One of the focuses of this book is the study of Japan's four major theoretical legal schools. The author comparatively divides modern Japanese theoretical legal thought into four major schools: Japanese Neo-Kantian legal thought, Japanese Marxist legal thought, Japanese legal sociology, and Japanese natural law. The book delves into the emergence, development, status, and interrelationships of these schools, depicting the historical and contemporary landscape of diverse theoretical legal schools in modern Japan coexisting peacefully. It further reveals the essence, characteristics, and spirit of these major theoretical legal schools. Another focus of the book is the study of the spirit of Japan's indigenous law. Through research on ancient Japanese customary law, the legal system of the samurai class (buke law) and its legal consciousness, the author argues that Japan's indigenous law embodies three major spirits: realism, public and collectivism, and harmonism. Based on this, the author examines the coexistence of adaptation and contradiction between comparative law and the spirit of Japan's indigenous law, which is the fundamental reason for the dual nature of the spirit of modern Japanese law.