Paper short abstract:

The in-depth study on legal "reforms" led by Eto Shinpei, first Minister of Justice of Meiji, offers a sound example of reflections on bridging divides. If the political decision to implement the reforms marks a new era, the ideas behind them often belong to a former frame of thoughts and practices.

Paper long abstract:

It seems in recent years that a growing number of scholars have raised awareness of the analysis of transition period between late Edo and early Meiji. A number of domains have proved to be inappropriate to merely consider in terms of premodern/modern dichotomy. Yet, deconstructing periodization is not an easy task for all those who have been trained in a conventional division of specializations, simply because of a lack of knowledge and methodology for studying another period.

The significance of the judiciary and political reforms, carried out by Eto Shinpei, first Minister of Justice of Meiji, must be investigated and understood in this cross-period context, by analyzing carefully Eto's ideas and intentions behind the measures he took as well as the proposals he submitted. His understanding cannot be dissociated, not only from the intellectual framework such as traditional Confucian learning and Edayoshi Shinyo's Kokugaku School, but also from the legal practices and local customs hitherto largely accepted by the people.

Moreover, as Eto was keen to introduce French Napoleonic codes to Japan, it is equally important to clarify how Eto had conceived this foreign legal system and to seek what justice he had endeavoured to pursue. We know that Eto was enthusiastic about French codes and we need to know, apart from the question of treaty revision, how and why Eto had become eager to lay an emphasis on the judiciary in general. In addition, we must ask to what extent he had shared and represented legal and political thoughts of the time.

In order to provide some answers to the questions, it is necessary to adopt cross-methodological approach allowing us to situate the issue in a broad, yet appropriate, viewpoint of circulation of knowledge. If an in-depth analysis requires traditional method of history of political and legal thoughts, it is crucial to understand the reflections and practices of Eto Shinpei in the context of circulation of knowledge, closely connected to the conception of global history. This paper is a part of my book project on Eto Shinpei, currently in preparation.