Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 3

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
EN
The main goal of this article is to present the historical development of the kokutai doctrine (pol. national policy), which emerged in the Empire of Japan in 1867–1945 and which was one of the ideological foundations of the Japanese internal and foreign policy. Its formulation and subsequent consolidation in the form of legal regulations is closely related to the period of modernization and rivalry with the European colonial powers and the United States for influence on the political map of East Asia. The kokutai doctrine embodies concepts such as chauvinism, nationalism, racism, militarism, expansionism and statism. Attempts to put them into practice led to the outbreak of the World War Two in the Pacific and the total defeat of Japan against the Allies.
EN
Despite the traditional postulates of jurisprudence regarding the necessity to introduce flawless bills, each legal system struggles with issues which arouse controversy and become the subject of a lively political and legal debate. Even if the controversy affects millions of people and their private lives, the decision to solve it is limited by government policy. For example, this pattern is reflected in the married couples’ same surname issue in Japanese Family Law. Japanese courts investigated it yet did not provide any binding solution. The media have also increasingly raised this problem as an example of a private law defect requiring a fundamental change in the near future. Still, public awareness of the legal controversy is insufficient to overcome it. Even though a large part of Japanese society supports the reform of the married couples’ same surname system, the government protects it as an embodiment of Japan’s legal tradition and a symbol of family unity. Undoubtedly, the dispute regarding the need to revise Family Law went beyond the legal debate and became a significant political and social issue in the last three decades. Unfortunately, Western legal scholarship is still unaware of this vivid example of the 21st-century rivalry between the liberal/individual and the conservative/collective views in one of the most distinguished private law systems.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.