In 1721, during the reign of the enlightened Yoshimune, who was
Shogun from 1716 to 1746, there were many reforms, and it was then
enacted that for all crimes, even those punishable with crucifixion
and exposure of the head, only the criminal himself must be punished.
In the case of the most heinous of all crimes, according to Japanese
standards, parricide or the murder of a teacher, a special tribunal was
declared to be the only place where it could be decided whether the
children and grandchildren should be implicated. Interesting too is
the fact that this leniency extended to the farmers and merchants only,
the Samurai not being included, it being assumed that the crime of a
person of nobility and education was a more serious matter than a crime
by a person less fortunate—a theory of justice that has never taken
root in the minds of the Occidentals except among romancers.
From the time, early in the seventeenth century, when the governing
power of Japan fell into the hands of the Buddhist Tokugawa family,
through Iyeyasu, the head of the house, there was an endeavour to check
the sale of children. No less than eight enactments were issued between
1624 and 1734 declaring the sale of human beings punishable by death.
Progress naturally was slow when the conditions were so flagrant that
there were open offices where the sales and purchase of children were
effected.[115] In 1649 an absurd compromise was attempted when a law
was passed declaring it was lawful to sell a child, providing that the
consent of the child was obtained. There was an attempt to regulate,
without abolishing, slavery in the law of 1655, which declared that
in a dispute between an employer and the employed, the employer,
if found to be in the wrong, might be imprisoned or meted out any
punishment that the employed might suggest. It is safe to add that
the administrative criminal machinery was not in the hands of the
proletariat, nor was there any suffrage that threatened to put the
employed in the position of judge.
It was during this period that the law was passed allowing the parent
to have his son or daughter imprisoned, a just cause being assumed. A
father had the right to punish his son, but the son had the right to
appeal to a magistrate for a review of the sentence; but “costs” of
the appeal were dangerous inasmuch as if the son lost he had to suffer
whatever penalty his father might dole out to him. The Occidental mind
will not appreciate so readily the attempts of the Tokugawas, beginning
1627, to regulate the social evil, one of their early laws depriving
employers of all authority “to retain the services of a female for
immoral purposes outside the appointed quarter.”
Public-domain text, read in full here on John Shaqi.
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