Law and Society in Imperial Japan: Suehiro Izutaro and the Search for Equity
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Law and Society in Imperial Japan: Suehiro Izutaro and the Search ...

Chapter :  Introduction
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Notes

1. Boissonade brought both positive and natural law insights to bear on his work. Eventually, however, many of the natural law interpretations were rejected or ignored by later jurists in favor of positivist ones.
2. Suehiro considered Montesquieu to be the father of law-and-society study. Cf. Danchō zengo: ikō to nikki (Ichiryūsha Press, 1951), 35: “Montesquieu’s oeuvre is such that it is acceptable to call him the ancestor of law-and-society studies.” From section titled, “Watashi no hōshakaigaku,” 31, ff.
3. Suehiro’s understanding of “state” changed significantly over time. In his youth and early career, Suehiro understood the state as the government, and largely as being opposed to the interests of the common people. In his mature career, however, Suehiro increasingly indentified the people with the state.
4. See Rekishi Dokuhon, Tokushū, Tokugawa bakufu no jitsuryokushatachi, no. 350 (Oct., 1982), 149. Cf. the Song Dynasty magistrate Bao Zheng (999-1062) for a corollary to Ōoka’s place within Japanese legal history.
5. For some Ōoka cases see Ōoka seidan komamonoya Hikobei (Shōfudaya, 1889).
6. This phrase is taken from the title of Ch. 2 of Kochie ni torawareta gendai hōritsugaku, collected in Uso no Kōyō, the title essay of which is a celebration of the Ōoka Tadasuke method of jurisprudence. (Tokyo: Kaizōsha, 1923; quote taken from page 170)
7. “Yakunin no atama,” reprinted in Uso no Kōyō, op. cit., 124.
8. Uso no Kōyō, op. cit.
9. Reprinted in Uso no Kōyō, op. cit., 164.
10. Guo Wei, Hō to jōhō kūkan: kindai Nihon ni okeru hōjōhō no kōchiku to henyō (PhD dissertation, Hokkaido University, 2014), 128.
11. GHQ/SCAP Records (RG 331), Box no. 2275 0, Folder title/number (32), SUEHIRO, Izutaro, Nov. 1946 – Apr. 1950, Classification 021, Type of record z, National Archives of the United States, accessed in microfiche version at National Diet Library, Tokyo, Japan.
12. See Ann Waswo, “In Search of Equity: Japanese Tenant Unions in the 1920s,” in Ann Waswo and Nishida Yoshiaki, eds., Farmers and Village Life in Twentieth-Century Japan (New York: RoutledgeCurzon, 2003).