368 COMPARATIVE LAW 



time for its delivery being limited, I shall confine myself to those 

 characteristic features of the code which are not usually found in 

 Occidental jurisprudence. 



I. Causes of the Codification 



In order to set forth the characteristics of the Japanese Civil 

 Code, it will be useful, first of all, briefly to explain the causes which 

 led to the codification and give a short sketch of the history of its 

 compilation. The causes which led to the reform and codification of 

 the civil law are principally two. 



The first is to be found in the great social and political changes 

 which have taken place since the opening of the country to foreign 

 intercourse, especially since the restoration of the Emperor to 

 actual power in 1868. It was just half a century ago that Commo- 

 dore Perry knocked at our doors to open the country to foreign trade. 

 Aroused from the deep slumber of centuries, we rubbed our eyes, 

 and saw Western civilization confronting us, but it was some time 

 before we were wide awake, and realized the advantage of introducing 

 it into our country. 



In a country which had remained entirely secluded for centuries 

 from the rest of the world, it was quite natural that distrust, which 

 in many cases grew to be hatred, of foreigners should at first have 

 existed among the mass of the people; and that the cry of " jo-i, " or 

 " the expulsion of foreigners," should have been raised among them. 

 Many far-sighted statesmen and scholars, however, clearly saw the 

 necessity of introducing Western civilization and of adopting what- 

 ever seemed conducive to the intellectual or material progress of 

 the country, in order that Japan might become a member of the 

 family of nations. There were others, who, while understanding 

 very well the necessity of introducing Western civilization, joined 

 the anti-foreign party, in order to hasten the overthrow of the Sho- 

 gunate Government, for the expressions " Sonno-joi, " or " Loyalty to 

 the Emperor, and the expulsion of foreigners," although they had 

 no necessary connection with one another, were at that time adopted 

 as watchwords by the party of political reform, in order to set the 

 mass of the people against the Shogun's Government. But as soon 

 as their object was attained, and the present Emperor was restored 

 to real power, they threw off the mask and kept only the former 

 half of their watchword, "Sonno, " or "Loyalty to the Emperor." 



The first act of the Emperor, on ascending the throne,was to enun- 

 ciate the fundamental principles of his government in the form of a 

 solemn oath, which has since then been known as "the Five Articles 

 of the Imperial Oath." The Emperor declared in this oath, 

 (1) That deliberative assemblies should be established, and all 

 measures of government should be decided by public opinion. 



