A Handbook of Modern JapanClement, Ernest W. (Ernest Wilson)
History
A Handbook of Modern Japan
Clement, Ernest W. (Ernest Wilson)
Japan
“The legal position of women in Japan before the commencement of
modern legislative reform is well illustrated by the fact that
offences came under different categories according to their commission
by the wife against the husband, or by the husband against the wife,
and by the curious anomaly that, while the husband stood in the first
degree of relationship to his wife, the latter stood to him only in
the second.[122] The disabilities under which a woman formerly labored
shut her out from the exercise of almost all rights. She could not
inherit or own property in her own name, she could not become the head
of a family, she could not adopt, and she could not be the guardian
of her child. The maxim, _mulier est finis familiae_, was as true in
Japan as in Rome, though its observance may have been less strict,
owing to the greater frequency of adoption.
“In no respect has modern progress in Japan made greater strides
than in the improvement of the position of women. Though she still
labors under certain disabilities, a woman can now become the head
of a family and exercise authority as such; she can inherit and own
property and manage it herself; she can exercise parental authority;
if single, or a widow, she can adopt; she is one of the parties to
adoption effected by her husband, and her consent in addition to that
of her husband is necessary to the adoption of her child by another
person; she can act as guardian or curator; and she has a voice in
family councils.”[123]
Moreover, although it is true that for the performance of certain
acts (Art. 14) a wife must obtain her husband’s permission, and that
a wife’s acts may be annulled by her husband (Art. 120), yet it is
explicitly stated that “a wife who has been permitted to engage in
one or more businesses possesses in regard thereto the capacity of an
independent person.”
But let us look a little more particularly into the provisions
relating to marriage, divorce, etc. The marriageable age is 17 full
years for men and 15 full years for women. Marriage takes effect when
notice of the fact is given to a registrar, by both parties with two
witnesses. From this it will appear that the ceremony is a “purely
social function, having no connection whatsoever with law beyond
the somewhat remote contingency of its being adducible as evidence
of a marriage having taken place.” And here is where some Japanese
Christians make an unfortunate and sometimes serious mistake, in
thinking that the ceremony by a minister of the gospel is sufficient
and registration is a matter of convenience. _Without registration a
marriage is not legal._
The right of marriage is not free, except to the head of a family.[124]
All other persons, whatever their ages, can marry only with the consent
of the head of his or her family. Men under 30 and women under 25
cannot marry without the consent of the parents; and minors in some
cases must obtain the consent of the guardian or even of a family
council.
Public-domain text, read in full here on John Shaqi.
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