The Meiji Legal Revolution (1868–1912)

Introduction

The Meiji period (1868–1912) witnessed one of the most comprehensive legal transformations in modern history. In four decades, Japan replaced a decentralized feudal order with a modern legal system modeled on continental European civil law, creating the infrastructure that supported its emergence as an industrial power and colonial empire. This legal revolution was driven by imperatives of national unity, economic modernization, and the revision of unequal treaties.

The Meiji Restoration and the Abolition of Feudalism

The Meiji Restoration (1868) overthrew the Tokugawa Shogunate. The new government abolished feudalism through the return of the domains (hanseki hōkan, 1869) and their replacement by prefectures (haihan chiken, 1871). The samurai class was dismantled through the commutation of stipends into bonds (1873–1876), the prohibition of swords (haitōrei, 1876), and the abolition of samurai status (chitsuroku shobun). The creation of a uniform administrative system required uniform law and the principle of equality before the law — concepts foreign to the Tokugawa order.

The Establishment of the Modern Court System

The Court Organization Act (Saibansho Kosei Hō) of 1890, drafted with German assistance, established a four-level hierarchy: the Supreme Court (Daishin’in), appellate courts (Kōsoin), district courts, and local courts. The Act established judicial independence in principle — judges could not be removed except by criminal conviction or impeachment — but the judiciary remained subordinate to the Ministry of Justice, which controlled appointments, promotions, and discipline, a limitation that persisted until 1947.

The Reception of Western Law: French Influence

Initial legal modernization was heavily influenced by French law. The French jurist Gustave Boissonade drafted the Criminal Code (1880) and the Code of Criminal Instruction (1880), introducing principles of legality (nullum crimen sine lege), proportionality, and abolition of torture. Boissonade also drafted the Civil Code (1890, the “Old Civil Code”), based on the Code Napoléon, incorporating French doctrines of property, contract, tort, and family law.

The Civil Code Dispute

The Old Civil Code was scheduled to take effect in 1893 but was postponed after the Civil Code Dispute (Mimpō Tenka Ronso, 1889–1892). The English law faction (Eihō-ha), led by Hozumi Nobushige and Ume Kenjirō, argued the Code was premature and insufficiently adapted to Japanese customs. The Diet postponed the Code in 1892. A new commission drafted the Meiji Civil Code (promulgated 1896–1898, effective 1898), based on the German First Draft (BGB).

The German Influence and the Meiji Constitution

The shift toward German models was reflected in the Meiji Constitution (1889), influenced by Lorenz von Stein and the Prussian Constitution of 1850. It established a quasi-constitutional monarchy: the Emperor was sovereign (Article 4: “The Emperor is the head of the Empire, combining in himself the rights of sovereignty”), the Diet was bicameral (House of Peers and House of Representatives with limited franchise), fundamental rights were granted as concessions subject to statutory limitation, and the judiciary was subordinate to the executive with the Privy Council exercising significant authority.

The Codification of the Major Codes

The Commercial Code (1899), drafted by Hermann Roesler, regulated companies, negotiable instruments, and maritime commerce, providing a legal foundation for industrialization. The Criminal Code (1907) replaced the 1880 Code with broader judicial sentencing discretion, including suspended sentences. The Code of Criminal Procedure (1890, revised 1922) and Civil Procedure Code (1890) followed German models.

The Establishment of the Legal Profession

The Attorney Act (1893) created a profession of licensed attorneys organized into bar associations and subject to Ministry of Justice supervision. Legal education centered at the Faculty of Law of Tokyo Imperial University (established 1877), following a German-style curriculum emphasizing doctrinal legal science.

Conclusion

The Meiji legal revolution created a comprehensive legal system within a single generation. The reception process was a creative synthesis — foreign models adapted to Japanese conditions and expressed through Japanese legal forms — serving national unity, economic development, and the assertion of sovereignty while laying foundations for post-1945 democratization.