A Fantasy of Far Japan; Or, Summer Dream DialoguesSuematsu, Kencho
Philosophy
A Fantasy of Far Japan; Or, Summer Dream Dialogues
Suematsu, Kencho
Japan -- Civilization
--'You may think so,' I answered; 'if you take the generality of the
Orientals, but it is not the case with Modern Japan. Even in China the
matter was never exactly as you have just said. China has always been
wanting in the matter of civil law. But there is one particular feature
worth noticing. In the same way as the Romans were rich in the notions
of civil law, the Chinese were rich in the ideas of criminal law. I do
not, of course, say their system was good from the Western point of
view, but in its way it had very good jurisprudence and codes, which
were handed down with some necessary modifications from dynasty to
dynasty. They knew the importance of separating ethics from
jurisprudence for more than a dozen centuries, namely, from the Tang
dynasty, when a very good criminal code, which was an improvement and
enlargement upon that o£ the preceding dynasty, was enacted. Thus, for
instance, torture is looked upon by the Occidentals simply as barbarous,
but it has its _raison d'être_ in the Chinese jurisprudence. According
to that jurisprudence, no person is to be punished on mere
circumstantial evidence, or on the words of witnesses, unless the
prisoner himself makes confession of his guilt. The act of confession is
technically called the "completion of self-acknowledgment." The object
of this is to make sure that no innocent person shall ever be punished.
In some cases, if punishments be inflicted, despite the prisoner's
strong protest of innocence, on mere circumstantial evidence, or on the
evidence of witnesses, great injustice may be done, as was well
illustrated in the Beck incident, which recently created so great a
sensation in England. Torture is resorted to only in the case where,
although the evidence is conclusive, yet the prisoner obstinately
refuses to acknowledge his guilt. In other words, the application of
torture is only to be resorted to in order that a prisoner whose guilt
is quite evident might not be allowed to escape unpunished merely
because he obstinately refuses to confess. The _raison d'être_ of the
torture, therefore, is not so bad as casual observers imagine. The blame
of the method lies in its abuse. We Japanese once followed that
jurisprudence, but have given it up because it is liable to
misapplication, and we have adopted the European system of judgment by
evidence, not because we believed in the infallibility of that system,
but because we believed that less injustice would be committed by that
system than the other. China has also been very rich in codes of
governmental organisation, not indeed in the Western style of
constitutional laws; but still, from a literary point of view, they are
all very good. Now to return to our subject. If Japan were a country
which had not known the usefulness of laws and regulations, and yet had
begun to imitate the methods of European legislation with success as she
has done, such a result might indeed be a matter of some amazement. She
Public-domain text, read in full here on John Shaqi.
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