Page:The Green Bag (1889–1914), Volume 05.pdf/38

Legal Education in Modern Japan. is usually the new codes. German law that the English-trained lawyers' in the Gov comes in for consideration chiefly in the ernment would be able to carry the day. Commercial Code; but I believe that the Hut the result was against them. The de only translations from the German have been cree of 1890 fixed the fate of the Codes, and the study of English law has since that date of certain political works, and direct ac quaintance with German law is made through inevitably suffered a decline. With the con the instructors in these subjects, who have tinental law as the basis of the national sys usually received their education in Germany. tem, and the material for bar and bench But this continental influence is ot quite examinations, the student is naturally obliged

to make it his chief recent growth. Two work, and in the years ago the English schools it has virtually law formed t he favorite study of the majority become a prescribed of law students. The course. change has come about But English law has since the promulga by no means been tion in 1890 of the crowded out. The new codes. Up to measure of popularity that time the question which it still retains is of codes had been, in some respects even from the outside, a a better test of its debatable one. Codes practical value, and a were being made by surer indication of its the Government, to merit. Although Eng be sure; but few had lish law has been dis seen them, and no tanced in the race for body knew when they national adoption, al would be finished. though it is often Their existence was taught in the least hardly realized. The satisfactory method English-trained sec by prescribed doses tion of the bar and of text-book perusal, HO/.UMI NOHUSHIGE. many influential mer although the text chants were strongly (Formerly Dean of the Ijw Department of the Imperial University.) books are not suitable, opposed to them. and are mountains of Parliament was coming, and there was a difficulty to the Japanese student, — notwith possibility that the whole enterprise would standing these hindrances it is still stud be abandoned. It was for these reasons ied side by side with the authoritative Codes that the schools continued confidently with of the Empire. In the Imperial University she existing curricula, in which English law the English section continues far to outrank plnyed the chief part. How little people be in number ot" students the sections of Ger lieved in the actuality of the new Codes may man and of French law. The concreteness be seen from the fact that within one year of our own system, even when embalmed in before their promulgation a new law school the dry pages of a text-book, has a secret at was established, in which the instruction was traction for many students as compared with to be given in part by a foreign instructor the simple but intangible abstractions of the specially engaged, and was to include Eng Continental Codes; and the decline of its lish law only. The belief at the time was popularity has, I think, reached its ebb.