Topic > Meiji Japan and the Law and Development Movement

This paper will discuss Meiji Japan and the Law and Development Movement, as well as each group's vision of development and its relationship with the law. Although the goal of both groups was to further “develop” the target societies, both the motivation and realization of this goal differed between the groups, thus demonstrating the need for a nuanced view of the umbrella term “development.” This article will first discuss Meiji Japan's vision of law and development and how it institutes particular reforms to achieve its goals. The second half of this essay will focus on the Law and Development Movement's ideas regarding its vision of the role of law in development and will conclude with an analysis of the validity of each group's thinking and actions. Meiji Japan The impetus for the Meiji Revolution was largely Japan's perceived lack of sovereignty under the Tokugawa government, especially regarding unequal treaties, which forced Japan into disadvantageous trade agreements with Western powers. The Meiji vision of development required the creation of a sophisticated legal system: the legal system under the Tokugawa government was not sophisticated enough to counter the argument for consular jurisdiction. (67) The specific goals of the Meiji Revolution centered on promoting Japan as a world power through economic and social changes; the law served as a means to achieve these ends. Furthermore, in accordance with their desire to transform Japan into a social power capable of rivaling the Western powers, the Meiji sought legal reforms as an aspect of development itself. Japan's development at that time was a state program; although the influence of Western countries on the Meiji brand of development is applicable... to the middle of the paper... to any country. This application was believed to aid economic and social development: they perceived the imperfections of the legal systems of developing countries as an obstacle to these developments and perhaps even as a force working directly against development. Analysis As a result of the development efforts undertaken in Meiji Japan, the country saw a dramatic increase in economic productivity due to the abolition of the feudal system. These facts suggest the merit of Meiji thinking and understanding of law in relation to development. However, the Western powers' dependence on legal reforms took away Japan's cultural autonomy, even as the Meijis struggled for economic and political autonomy. My fundamental criticism of their tactics would be their belief that Japanese cultural identity must take a backseat to modernization.