History of Law Travel History of Law Travel

Ancient Japanese LawsAncient Japanese Laws

ByByOksana, Sage and… SarahOksana, Sage and… Sarah

Ancient Japanese… What?Ancient Japanese… What?

What is the name of the civilization you are researching?What is the name of the civilization you are researching?Ancient JapanAncient Japan

Where is the civilization located?Where is the civilization located?japan.bmpjapan.bmp

What type of government existed within Ancient Japan?What type of government existed within Ancient Japan?There was really no government until the eighth century. During the Heian period, 794 - 1185, the There was really no government until the eighth century. During the Heian period, 794 - 1185, the capital of Japan was Kyoto. The Chinese-style central government was successful at first but then capital of Japan was Kyoto. The Chinese-style central government was successful at first but then broke down when they tried to spread their influence from Kyoto. They lacked the resources to broke down when they tried to spread their influence from Kyoto. They lacked the resources to govern the provincial areas. Aristocrats and temple guardians were given power to rule over the govern the provincial areas. Aristocrats and temple guardians were given power to rule over the provincial areas but they soon challenged the central government. They formed small groups of provincial areas but they soon challenged the central government. They formed small groups of anarchy; influence and power were the main source for these groups. A few years later, emperors anarchy; influence and power were the main source for these groups. A few years later, emperors were deemed the highest position of power to rule over the people. In 1192 a shogun, which was were deemed the highest position of power to rule over the people. In 1192 a shogun, which was an emperor's general, took control and ruled over all the people. The shogun made all the laws on an emperor's general, took control and ruled over all the people. The shogun made all the laws on behalf of the emperor.behalf of the emperor.

Describe the system of justice used in this society. (courts, judges, punishments etc.)Describe the system of justice used in this society. (courts, judges, punishments etc.)The system of justice during this time was punishment. The people who held power or were in The system of justice during this time was punishment. The people who held power or were in charge of public affairs made clear rewards and punishments to who ever deserved them. Usually charge of public affairs made clear rewards and punishments to who ever deserved them. Usually the punishment was labor or working for their country with no personal gain or pay.the punishment was labor or working for their country with no personal gain or pay.

In Short: There wasn’t a clear Government for a while. They tried a In Short: There wasn’t a clear Government for a while. They tried a Chinese-style way of Governing and it eventually disappeared. In 1192 the Chinese-style way of Governing and it eventually disappeared. In 1192 the Emperor lost control of Japan from the Shogun who created all of the laws. Emperor lost control of Japan from the Shogun who created all of the laws. There wasn’t much of There wasn’t much of a justice system aside from a justice system aside from Punishment.Punishment.

1. The Law of Men and 1. The Law of Men and Women 645 ADWomen 645 AD

Cite at least 5 examples of laws that can be traced to Cite at least 5 examples of laws that can be traced to this period and society and what were the this period and society and what were the consequences of breaking those laws?consequences of breaking those laws?

a) Children born to a free man and a free woman shall a) Children born to a free man and a free woman shall belong to the father. Children born to a free man belong to the father. Children born to a free man married to a slave woman shall belong to the woman. If married to a slave woman shall belong to the woman. If a free woman marries a slave man, the child of that a free woman marries a slave man, the child of that marriage shall belong to the father. Children born to a marriage shall belong to the father. Children born to a slave man and a slave woman shall belong to the slave man and a slave woman shall belong to the woman. Children born from temple slaves shall follow woman. Children born from temple slaves shall follow the rule of freemen.the rule of freemen.b) There was no consequence for this law because it b) There was no consequence for this law because it was treated as a rule people were to follow.was treated as a rule people were to follow.c) The purpose for this law was to know if the children c) The purpose for this law was to know if the children will go to the father and become workers or go to the will go to the father and become workers or go to the mother and become slaves.mother and become slaves.d) The significance of this law to the evolution of law d) The significance of this law to the evolution of law was that this law would be a guide for the child custody was that this law would be a guide for the child custody law that will that develop in the future to helps with law that will that develop in the future to helps with situations that deal with divorce or other legal issues.situations that deal with divorce or other legal issues.

In Short: Parents were given custody of their children In Short: Parents were given custody of their children dependingdepending

on their Social classon their Social class

2. The Employment Law 2. The Employment Law 697AD697AD a) People are to be employed in forced labor at seasonal times. a) People are to be employed in forced labor at seasonal times.

In the winter was the time they were to be employed because In the winter was the time they were to be employed because they were at leisure at this time. In the spring to autumn months they were at leisure at this time. In the spring to autumn months the people do not perform any labor because they are busy the people do not perform any labor because they are busy tending to the mulberry trees and engaged in agriculture. If they tending to the mulberry trees and engaged in agriculture. If they do not tend to agriculture and the mulberry trees, they will not do not tend to agriculture and the mulberry trees, they will not have clothes and food to eat.have clothes and food to eat.b) The consequence for breaking law was to go without food and b) The consequence for breaking law was to go without food and clothes for the winter because the law breaker didn't earn them.clothes for the winter because the law breaker didn't earn them.c) The purpose for this law was to make sure that all the adults c) The purpose for this law was to make sure that all the adults worked in the winter for the emperor and worked the rest of the worked in the winter for the emperor and worked the rest of the year for the survival of themselves.year for the survival of themselves.d) The significance of this law to the evolution of law was that d) The significance of this law to the evolution of law was that without this law, there would be no guidelines to hiring good without this law, there would be no guidelines to hiring good people to work who actually need the job and are legit workers.people to work who actually need the job and are legit workers.

In Short: If people didn’t work during the year and harvest, they In Short: If people didn’t work during the year and harvest, they would have nothing in the winter.would have nothing in the winter.

3)3) . The Religion Law 697 . The Religion Law 697 ADAD

a) People are to obey the Imperial commands when you receive them. a) People are to obey the Imperial commands when you receive them. The lord is Heaven and the vassal is Earth. If Heaven overspreads, The lord is Heaven and the vassal is Earth. If Heaven overspreads, Earth shall upbear. When this occurs, the four season continue on their Earth shall upbear. When this occurs, the four season continue on their course and the powers of Nature will still run strong. If the Earth course and the powers of Nature will still run strong. If the Earth attempted to overpower Heaven, Heaven would simply fall in ruin. attempted to overpower Heaven, Heaven would simply fall in ruin. Therefore, when the lord speaks, the vassal shall listen. When the Therefore, when the lord speaks, the vassal shall listen. When the superior acts, the inferior yields compliance. So, when one receives the superior acts, the inferior yields compliance. So, when one receives the Imperial commands, fail not to complete them. Take care in this matter Imperial commands, fail not to complete them. Take care in this matter or else ruin will be the natural consequence.or else ruin will be the natural consequence.b) There was no consequence for this law because it was a personal b) There was no consequence for this law because it was a personal rule for people to follow if they wanted. If they didn't obey this rule but rule for people to follow if they wanted. If they didn't obey this rule but believed in it, it would almost be like they sinned.believed in it, it would almost be like they sinned.c) The purpose of this law was to give some guidelines for the people to c) The purpose of this law was to give some guidelines for the people to follow and to help the people understand where they come from and follow and to help the people understand where they come from and who the creator is.who the creator is.d) This law is significant to the evolution of law because people need d) This law is significant to the evolution of law because people need something to believe in and follow to keep them under control. They something to believe in and follow to keep them under control. They need something to base their life lessons and teachings on.need something to base their life lessons and teachings on.

In Short: People set guidelines for their lives.In Short: People set guidelines for their lives.

4. The Rule of Antiquity 4. The Rule of Antiquity 697 AD697 AD

a) One shall reject all that is evil and encourage all that is good. One a) One shall reject all that is evil and encourage all that is good. One shall not cloak the good qualities of others and do not fail to correct shall not cloak the good qualities of others and do not fail to correct what is wrong when you see it. Flatterers and deceivers are a weapon to what is wrong when you see it. Flatterers and deceivers are a weapon to overthrow the State and a catalyst for the destruction of the people. overthrow the State and a catalyst for the destruction of the people. Sycophants are fond of speaking to their superiors about the faults of Sycophants are fond of speaking to their superiors about the faults of their inferiors and speaking to the inferiors about the faults of their their inferiors and speaking to the inferiors about the faults of their superiors. From such an origin, many public disputes arise.superiors. From such an origin, many public disputes arise.b) There is no consequence for breaking this law because it is rule that b) There is no consequence for breaking this law because it is rule that people live by.people live by.c) The purpose of this law was to make people responsible for their c) The purpose of this law was to make people responsible for their mistakes and learn from them and to teach anyone who they see doing mistakes and learn from them and to teach anyone who they see doing something wrong the errors of their ways.something wrong the errors of their ways.d) The significance of this law to the evolution of law is to create people d) The significance of this law to the evolution of law is to create people with good morals and to protect the public. If this had not become a law, with good morals and to protect the public. If this had not become a law, people would still be afraid to stand up for what is right. The significance people would still be afraid to stand up for what is right. The significance of this law to the evolution of law was people can look back and see how of this law to the evolution of law was people can look back and see how well a country can do on its own, managing its own resources, economy well a country can do on its own, managing its own resources, economy and government.and government.

In Short: If you make a mistake, learn from it. If you see someone else In Short: If you make a mistake, learn from it. If you see someone else doing something wrong, Help Themdoing something wrong, Help Them

5. The Isolation Decree5. The Isolation Decree

a) About 300 years ago a major law that is important to Japanese a) About 300 years ago a major law that is important to Japanese culture and the rest of the world. The law was called the Isolation culture and the rest of the world. The law was called the Isolation Decree. This law prevented Japanese people from having contact Decree. This law prevented Japanese people from having contact with the outside. No one was allowed to leave Japan and no with the outside. No one was allowed to leave Japan and no outsiders were allowed to enter the country. This law was put into outsiders were allowed to enter the country. This law was put into effect because the people who held the most power believed effect because the people who held the most power believed learning only Japanese ways was the only way to create a unified learning only Japanese ways was the only way to create a unified country.country.b) The resource did not state whether or not there was a b) The resource did not state whether or not there was a consequence for this law.consequence for this law.c) The purpose of this law was for Japan to create an independent c) The purpose of this law was for Japan to create an independent country by using their own traditions, values, and beliefs and only country by using their own traditions, values, and beliefs and only theirs.theirs.d) The significance of this law to the evolution of law was to keep d) The significance of this law to the evolution of law was to keep the country their own even if they had no outside help form other the country their own even if they had no outside help form other countries. People can look back and see how well a country can do countries. People can look back and see how well a country can do on its own, managing its own resources, economy and government.on its own, managing its own resources, economy and government.

About 300 years ago, Japan Isolated itself, letting nothing in or out. About 300 years ago, Japan Isolated itself, letting nothing in or out. They believed it was the only way to making a unified country.They believed it was the only way to making a unified country.

Compare and contrast each law with current Canadian laws. Use Compare and contrast each law with current Canadian laws. Use the Criminal Code of Canada and other legal sources to the Criminal Code of Canada and other legal sources to reference Canadian law.reference Canadian law.1. Canadian Family Law1. Canadian Family LawWhich parent has the best chance of getting the kids. The act of settling Which parent has the best chance of getting the kids. The act of settling disputes surrounding child custody. This is a similarity between the disputes surrounding child custody. This is a similarity between the Canadian Family Law and The Men and Women Law. Both civilizations Canadian Family Law and The Men and Women Law. Both civilizations have this law so the children can go to the best suitable parents if the have this law so the children can go to the best suitable parents if the home situation is in need modifying.home situation is in need modifying.

2. Canadian Employment Law2. Canadian Employment LawInvolves the legal rights and obligations that regulate all aspects of the Involves the legal rights and obligations that regulate all aspects of the workplace relationship between employers and employees, such asworkplace relationship between employers and employees, such as

hiring, contractual agreements, wrongful dismissal, health and safety, hiring, contractual agreements, wrongful dismissal, health and safety, human rights, employment standards, retirement, benefits, etc. The human rights, employment standards, retirement, benefits, etc. The similarities between the Canadian Employment Law and The similarities between the Canadian Employment Law and The Employment Law are they each pertain to the health and safety of the Employment Law are they each pertain to the health and safety of the workers and the benefits that are awarded to outstanding employees. workers and the benefits that are awarded to outstanding employees. Both civilizations have this law to have control over who has what job Both civilizations have this law to have control over who has what job and how many people are allowed to have this job, because the and how many people are allowed to have this job, because the civilization houses big industries and because everyone deserves to have civilization houses big industries and because everyone deserves to have a job that will help pay bills and buy groceries for the next month etc.a job that will help pay bills and buy groceries for the next month etc.

3. Freedom of Religion3. Freedom of ReligionThe difference between the Ancient Japanese and Canada today The difference between the Ancient Japanese and Canada today is that we have freedom to chose whatever religion we what to is that we have freedom to chose whatever religion we what to believe in. Because Canada is a multicultural country, it wouldn't believe in. Because Canada is a multicultural country, it wouldn't make any sense to make everyone conform to one religion. That make any sense to make everyone conform to one religion. That is why Canada has Freedom of Religion. Japan has a law is why Canada has Freedom of Religion. Japan has a law conforming everyone to the same religion because it would be conforming everyone to the same religion because it would be easy to have everyone believe in the same thing and act in the easy to have everyone believe in the same thing and act in the same way, so no one can challenge authority and speak out for same way, so no one can challenge authority and speak out for what they believe in.what they believe in.

4. Canadian Good Samaritan Law4. Canadian Good Samaritan LawProtect the people who choose to serve or help people who are Protect the people who choose to serve or help people who are in trouble, injured, or ill. Intended to reduce bystanders' in trouble, injured, or ill. Intended to reduce bystanders' hesitation to assist, for of being prosecuted or sued. This is a hesitation to assist, for of being prosecuted or sued. This is a similarity between The Religion Law and the Good Samaritan similarity between The Religion Law and the Good Samaritan Law. These civilizations have a law protecting people who so no Law. These civilizations have a law protecting people who so no to wrong situations and help people in distress. Also, bystanders to wrong situations and help people in distress. Also, bystanders who don't do anything should be responsible and take the who don't do anything should be responsible and take the consequences that are given to them because they didn't have consequences that are given to them because they didn't have the guts to stand up for what they believe in to right the wrong.the guts to stand up for what they believe in to right the wrong.

5. Freedom to Travel5. Freedom to TravelThe difference between the Isolation Decree of Japan and The difference between the Isolation Decree of Japan and Canada is that we have freedom to leave this country if Canada is that we have freedom to leave this country if want to. In Canada, people have the right and freedom to want to. In Canada, people have the right and freedom to travel or trade with other countries in the world because we travel or trade with other countries in the world because we have lots of diversity in our country and a little more have lots of diversity in our country and a little more wouldn't hurt. Japan's law to cut off the world can be an wouldn't hurt. Japan's law to cut off the world can be an example for Canadians to see trade and travel as a positive example for Canadians to see trade and travel as a positive option. Canada's law system is still growing and could be a option. Canada's law system is still growing and could be a possibility to isolate itself, although it's unlikely. This is why possibility to isolate itself, although it's unlikely. This is why Canada has Freedom of Travel. Japan had the law so they Canada has Freedom of Travel. Japan had the law so they could develop their country the way they wanted to by could develop their country the way they wanted to by themselves without the help of other countries. Isolating the themselves without the help of other countries. Isolating the people was the only Ancient Japan thought to do this people was the only Ancient Japan thought to do this thought there could have been other ways like an all-Japan thought there could have been other ways like an all-Japan school - teach nothing but Japanese culture, traditions and school - teach nothing but Japanese culture, traditions and values.values.

SourcesSources Resources:Resources:

http://facts-about-japan.com/ancient-japan.htmlhttp://facts-about-japan.com/ancient-japan.htmlhttp://www.destination360.com/asia/japan/historyhttp://www.destination360.com/asia/japan/historyhttp://www.wsu.edu:8080/~dee/ANCJAPAN/TAIKA.HTMhttp://www.wsu.edu:8080/~dee/ANCJAPAN/TAIKA.HTMhttp://www.solon.org/Constitutions/Japan/English/english-http://www.solon.org/Constitutions/Japan/English/english-Constitution.htmlConstitution.htmlKalman, Bobbie. Japan the Land. Crabtree Publishing Kalman, Bobbie. Japan the Land. Crabtree Publishing Company. Ontario, Canada. 2001.Company. Ontario, Canada. 2001.

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