Law and Custom in Japanese Legal History

The history of law and custom has long been of interest to researchers. It can be said that customary law, in the sense of a judicially enforced norm governing the rights and obligations of private individuals, was typically established in the West. This presentation examines the epistemology and normativity of custom, as well as its diversity, and provides a historical analysis for a global and comparative discussion of custom as normative knowledge.

The topics discussed are as follows. First, an examination of the importance of custom in pre-modern Japanese law. Custom was also an important source of law in pre-modern Japanese law. I present a perspective for comparing Japanese and Western customary law during the pre-modern period. Second, the reception of the concept of customary law and the development of jurisprudence in Japan. The concept of customary law from the West was adopted by Japan in the Meiji era (1868-1912), but with its own specific connotations. It should be noted that custom was emphasised by the legislature in the enactment of the family law, and that a jurisprudence of legal hermeneutics developed after the enactment of the various codes, giving significant meaning to customary law. Third, Japanese colonial rule and customary law. The characteristics of research and jurisprudence on local custom in the administration of Japanese colonies such as Taiwan and Korea are discussed.

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