Shinto (the Way of the Gods)Aston, W. G. (William George)
Religion
Shinto (the Way of the Gods)
Aston, W. G. (William George)
Shinto
But although there was little religious sanction of morality in ancient
Japan, it by no means follows that there was no morality. We have seen
that there are moral elements in the character of the Sun-Goddess as
delineated in myth.[196] Law, which is the enforcement by penalties of
a minimum altruistic morality, certainly existed. A Chinese author,
in a description of Japan as it was in the later Han period (A.D.
25-220), says that "the wives and children of those who break the
laws are confiscated, and for grave crimes the offender's family is
extirpated.... The laws and customs are strict." In 490 we hear of two
men being thrown into prison for crimes. The Mikado Muretsu (488-506)
is said to have been fond of criminal investigation. The _Nihongi_
condemns theft, robbery, rebellion, and non-payment of taxes, none
of which matters is taken formal cognizance of by Shinto. Without
some law, unwritten and ill-defined though it was, and unequal and
fluctuating in its application as it must have been, the Japanese
could not possibly have reached even the moderate degree of organized
government which we find them enjoying at the dawn of their history.
The earliest so-called legislation which we meet with is embodied in
a proclamation issued by the Regent Shōtoku Taishi in A.D. 604. On
examination these "laws" prove to be a sort of homily addressed to
Government officials, recommending harmony, good faith, a respect for
Buddhism, obedience to the Imperial command, early rising, decorum,
disinterestedness in deciding legal cases, fidelity to one's lord, and
benevolence to the people. In 645 a "beginning of regulations" was
promulgated. It relates to the status of slaves and their children.
In the following year a set of rules was issued regulating the
construction of tombs forbidding human sacrifice in honour of the dead,
&c. In the same year laws were promulgated dealing with dishonesty,
retaining slaves belonging to other people, bringing plaints of
adultery before the authorities without having the evidence of three
credible witnesses, &c. "Severe penalties" are threatened in case of
their infraction. In 681 a sumptuary law in ninety-two articles was
enacted. In 682 flogging was limited to 100 blows: in 689 a book of
laws was distributed to all the local authorities; and in 701 the
code known as the Taihōriō was promulgated. The latter was borrowed
from China, and no doubt Chinese influences had much to do with the
more partial legislation which preceded. Shōtoku Taishi's advice to
officials is thoroughly Chinese. But the examples quoted show that such
enactments were not made without reference to the wants of Japan. It
may be inferred from Shōtoku Taishi's mention of "legal cases," and
from the regulation of procedure in cases of adultery, that there was
already in existence a body of unwritten common law by which a rude
sort of justice was administered. Prisons are mentioned more than once
in the seventh-century records.
Public-domain text, read in full here on John Shaqi.
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