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 Daïmios, 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 Daïmios 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.