Evolution Of The Japanese, Social And PsychicGulick, Sidney Lewis
History
Evolution Of The Japanese, Social And Psychic
Gulick, Sidney Lewis
Japan -- Civilization; Japan -- Social life and customs; National characteristics, Japanese
The new Civil Code adopted in 1898 furnishes an authoritative
statement of many of the moral ideals of New Japan. For the following
summary I am indebted to the _Japan Mail_.[BP] In regard to marriage
it is noteworthy that the "prohibited degrees of relationship are the
same as those in England"--including the deceased wife's sister. "The
minimum age for legal marriage is seventeen in the case of a man and
fifteen in the case of a woman, and marriage takes effect on
notification to the registrar, being thus a purely civil contract. As
to divorce, it is provided that the husband and wife may effect it by
mutual consent, and its legal recognition takes the form of an entry
by the registrar, no reference being necessary to the judicial
authorities. Where mutual consent is not obtained, however, an action
for divorce must be brought, and here it appears that the rights of
the woman do not receive the same recognition as those of the man.
Thus, although adultery committed by the wife constitutes a valid
ground of divorce, we do not find that adultery on the husband's part
furnishes a plea to the wife. Ill-treatment or gross insult, such as
renders living together impracticable, or desertion, constitutes a
reason for divorce from the wife's point of view." The English
reviewer here adds that "since no treatment can be worse nor any
insult grosser than open inconstancy on the part of a husband, it is
conceivable that a judge might consider that such conduct renders
living together impracticable. But in the presence of an explicit
provision with regard to the wife's adultery and in the absence of any
such provision with regard to the husband's, we doubt whether any
court of law would exercise discretion in favor of the woman." The
gross "insult of inconstancy" on the part of the husband is a plea
that has never yet been recognized by Japanese society. The reviewer
goes on to say: "One cannot help wishing that the peculiar code of
morality observed by husbands in this country had received some
condemnation at the hands of the framers of the new Code. It is
further laid down that a 'person who is judicially divorced or
punished because of adultery cannot contract a marriage with the other
party to the adultery.' If that extended to the husband it would be an
excellent provision, well calculated to correct one of the worst
social abuses of this country. Unfortunately, as we have seen, it
applies apparently to the case of the wife only." The provision for
divorce by "mutual consent" is striking and ominous. It makes divorce
a matter of entirely private arrangement, unless one of the parties
objects. In a land where women are so docile, is it likely that the
wife would refuse to consent to divorce when her lord and master
requests or commands her to leave his home? "There are not many women
in Japan who could refuse to become a party to the 'mutual consent'
arrangement if they were convinced that they had lost their husband's
Public-domain text, read in full here on John Shaqi.
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