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amination in the studies pursued in legal proceedings and forensic proctice. (3) A thesis upon a theme selected from the four to twelve subjects suggested by the dlezen of the faculty, this thesis not to be longer than fifty printed pages.
In the university the degree of licentiate is only recognized by a simple certifcate indicating the following of a certain course of study. The council of higher instruction can require an entire completion of the course before the degree of doctor is allowed. The university also confers the degree of bachelor when the proper examinations have been passed and a thesis written. The preponderance of students in 1889 was found among those studying civil law (136), while only 7 were studying administrative laws. The general average was between 30 and 50 students in the various legal branches.
K. Argentine Republic.--Legal education in the Argentine Republic is given in the two universities of Cordoba and Buenos Ayres. The “Universidad Nacional de Cordoba” was founded in 1622 (its legal faculty created in 1767), and the “Universidad Nacional de Buenos Aires" on August 9, 1821. The national laws give the most complete autonomy to each university. Both universities have faculties of law and social sciences, of medicine, of physical and mathematical sciences. Tho courses in the faculties of law and social sciences last five years, and the studies comprise preparatory legal studies, civil law, international law, Roman law, criminal law, commercial law, constitutional and administrative law, ecclesiastical law, procedure, political economy, finances, pliilosophy of law and mining legislation (independent course).
Each branch is in charge of a single professor, except civil and international law (public and private), which have each two professors. The number of law professors in the faculty of law and social science is 15 in each university. The term comiences on the first Monday of March and terminates on tho 15th of November. The special examinations last till the middle of the month following. The general examinations are divided into three parts, commencing with the 15th of February. All the faculties require for admission a certificate of six preparatory years in the national colleges, so that the majority of pupils entering the university are from 16 to 20 years of age.
The lessons, generally, are in the form of conferences the pupils are questioned, and are ofttimes requested to present ant difficult points which they may have encountered, while other students give the benefit of their views on the subject under .consideration. The “Memoria del Ministro de Justicia, culto ó Instruccion Publica, 1890,” presents the following facts for the year 1889-'90. In 1889 the university at Cordoba had 46 students in the faculty of law and social science, and 929 lectures were given. The number of diplomas given was 2 as doctor of jurisprudence, and 2 as lawyer. The new plan of studies, sanctioned by the faculty, separated finance and political economy; added two professors for lectures in civil law to the section of the philosophy of law; separated tho theoretical study of procedure from the instruction and practice in code of mining laws ( making the latter an independent course), and added a course in the philosophy of law to the fifth year.
The examinations at the close of each term, according to decision of the faculty on August 19, 1889, were to be as follows :
First term: Civil, Roman, penal, and commercial law, procedure and private international law. Seeond term: Canonical law, public international law, constitutional law, political economy, finances, philosophy of law, administrative law, and preparation for law stuly. Third term: Forensic practice.
In the university at Buenos Ayres the number of students for 1889 in the faculty of law and social sciences was 238—i. e., first year 114, second year 47, third year 30, fourth year 42, fifth year 5. In addition there were 33 “hearers." The number of lectures was 996, or an average of 71.14 for each professor. The large number of students at this younger university, as compared with that of Cordoba, is due to the fact that the university is situated at the capital of the Republic, which city has
400,000 inhabitants, while Cordoba has only about 40,000, and life in a small city has not as many attractions for the student.
The diplomas given at Buenos Ayres were 40 to law graduates and 37 to doctors in jurisprudence. The course of study is referred to above, and doubtless does not differ much from that presented for the older university.
L. Chile. --According to the “Memoria del Ministro de Justiciá é Instruccion Publica, 1890,” the University of Chile, which now constitutes the university section of the “Instituto Nacional” at Santiago, had the following number of law students in its courses in 1889: First year of the course, 116 students and 47 “hearers;” second year, 94 students; third year, 79 students; fourth year, 53 students and 1“hearer;" fifth year, 47 students; special classes, 159 students; total, 581 students and 48 “hearers."
The examination in the law faculty brought about the following result: Passed with high honors, 105; passed, 1,238; failed to pass, 250; total, 1,593. Receiving u niversity degrees: Bachelor in law, 68; licentiate in law, 76.
The studies in the faculty of laws and political sciences were as follows:
Fifth year: Forensic practice, mining law (from March to July), criminal codo and practice (August to December), administrative law.
Such is the course as at present constituted, but able writers state that this course is not considered quite satisfactory, as comparative law, history of law, and political sciences receive but little attention. For this reason the minister of public instruction, Sr. D. Julio Bonados Espinosa, presented a new plan of studies to the council of public instruction at date of April 29, 1889, for, as he aptly said, the present course lacks a scientific basis. Whether the course suggested will be carried out remains to be seen. It aims to give greater insight into the laws of all countries, and includes history of law and political sciences, fundamentals of comparative law, statistical and geographical cconomics, maritime laws, parliamentary and political history of Chile and America, and sociology.
In order to understand the course of legal education offered in the Japanese University, it seems necessary to preface it by an exposition of the legal institutions and conditions of that country. Wo quote Basil Hall Chamberlain's “Things Japanese” (London, 1890):
“Dutifully obedient to authority and not naturally litigious, the Japanese aro nevertheless becoming a nation of lawyers. No branch of study is more popular than law with the young men of the new generation. It seems to have for them a sort of abstract and theoretical interest, for Japanese law has at no time been the genuine outcome of the national life, as English law, for instance, is the outcome of English national life-a historical development fitting itself to the needs of the nation as a well-made glove fits the hand. Twelve hundred years ago Japan borrowed Chinese law wholesale. She is borrowing French and German law wholesale to-day. There are now two parties, a procodification party and an anticodification party, The former is the party in power, being backed by the statesmen who see in European codes for Japan a prerequisite of fair treatment of Japan by European nations. The point of view of the anticodification party is: “Japan for the Japanese. Our laws must suit our people. They must not be mere handles for obtaining treaty revision. Wait to codify until the national courts, interpreting national
needs, shall have evolved precedents of their own. French and German codes are alien things, mechanically superimposed on our Japanese ways of thought and modes of life, which are not in touch with foreign civilizations and the laws that have sprung from them."
Which of these parties is in the right? The anticodification party founds itself on history, on natural development. On the other hand, might it not be plausibly argued that wholesale imitation and the adoption of foreign ways having always been Japan's method of proceeding, and being therefore a sort of inverted originality of her own, the procodificationists are, in effect, more truly inheritors of the national tradition than the so-called nationalists? It is, of course, out of the question that any opinion we, as ignorant laymen, may hold on such a subject can be worth anything. Our only object is to present both sides, and to present them briefly.
The new codes resulting from the legislative activity of the present reign are: (1) The criminal code and the code of criminal procedure, drafted by M. Boissonnade de Fontarabie on the basis of the Code Napoleon, with modifications suggested by the old Japanese criminal law; these were published in 1880 and came into force in 1882; (2) the civil code, the code of civil procedure, and the commercial code, which are on the eve of publication. Though not actually entitled codes, we may also include: (3) The constitution with its attendant laws regarding the imperial house, the diet, and finance; (4) the laws for the exercise of local self-government, and (5) divers statutes on miscellaneous subjects, one of the most important of which is banking.
Crimes, as classified in the Japanese criminal code, are of three kinds, namely, (1) crimes against the state or the Imperial family, and in violation of the public credit, policy, peace, health, etc.; (2) crimes against person and property; (3) police offenses. There is in addition a subdivision of (1) and (2) into major and minor crimes.
The punishment for major crimes are: (1) death, by hanging; (2) deportation, with or without hard labor, for life or for a term of years; (3) imprisonment, with or without hard labor, for life or for a term of years. The punishment for minor crimes includes confinement, with or without hard labor, and fines. The punishments for police offenses are detention for from one to ten days without hard labor, and fines varying from 5 scn to $1.95. The court which tries persons accused of major crimes consists of three judges, that for minor crimes of one judge, and that for police offenses of one juge de paix*. Capital punishments are carried out in the presence of a procurator. They now are extremely rare. Criminals condemned to deportation are generally sent to the Island of Yezo, where they sometimes work in the mines. The ordinary prisons are situated in various parts of the Empire, and number one hundred and ninety-three.
A person who has suffered injury by crime lodges his complaint at a police office, or with the procurator of any court having jurisdiction over the crime in question. Policemen can arrest an offender whose crime was committed in their presence, or which the complainant ayers to have actually seen committed. In all other cases they can arrest by warrant only. Bail is allowed at the discretion of the judge, but ́ only after reference to the procurator who has taken up the case. Accused persons are often kept in prison for a considerable time before trial, and no lawyer is allowed to be present at the preliminary examination, which also is often long delayed. February, 1890, witnessed the passing of a new law relative to the organization of judicial courts-a law embodying, indeed, the usage developed since the establishment of the courts in 1872, but introducing certain changes borrowed rather from German than from French sources. It is to come into force in November of the same year.
*The system being French, it seems advisable to retain the French terms in cases where there is no exact or no generally current English equivalent.
The history and nature of moderu Japanese legal institutions are, very briefly, as follows: Down to 1872 the judicial department had united in itself the functions of chief law court and chief executive office for the transaction of judicial business throughout the land, the same staff of officials serving for both purposes. In that year, however, a separation took place. Judges, procurators, a judicial police for the arrest of prisoners, aroués, avocats, and notaries were established, as also separate judicial courts and a law school. The pattern copied was French. Since that time numerous changes have taken place. At present the courts are divided into local courts (presided over by juges de paix), district or provincial courts, courts of appeal, and a supreme court (cour de cassation), all of which have jurisdiction both in criminal and civil suits. Each of these courts has branch offices established to accommodate suitors, regard being had to population and to the area of jnrisdiction. The local courts have jurisdiction over police offenses; the clistrict courts over crimes, besides acting as courts of preliminary investigation; the appeal courts hear new trials; the supreme court hears criminal appeals on matters of law. All crimes of whatever sort are subjected to preliminary examination before actual trial. Tho conducting of criminal cases, from the very beginning down to the execution of the criminal, if he be condemned to suffer death, rests with the procurator, who unites in his own person the functions of public prosecutor and of grand jury.
The present judiciary consists partly or men trained under the old pro-European régime, partly of graduates of the law college of the Imperial University, and of the private law colleges, of which there are six in Tokyo and eight altogether in the Empire. About a thousand young men graduate yearly. Lawyers are bound to pass a certain examination before being aclmitted to practice at the bar; but it is of a very theoretical nature, and is likely to be soon revised. The new law concerning the constitution of courts requires candidates for judgeships to pass two competitive examinations, unless they are graduates of the university, in which case they need only pass the second of the two, after having served as probationary judges for a term of three years. Judges are appointed for life. Their salaries vary from $700 to $1,000 per annuin. The presidents of courts are, however, more highly remunerated. The president of the supreme court receives $5,500, and is of shinnin rank.* The chief procurator, who is of chokunin rank, receives $4,000.
The system of trial, as well in civil as in criminal cases, is entirely inquisitorial. It was so in Old Japan, and is so in France, whence modern Japanese law comes. Formerly no convictions were made except on confession by the prisoner. Hence an abundant use of torture, now happily abolished, and a tendency, even in civil cases, to suspect guilt in the defendant, although the theory is that the defendant must be presumed innocent until actually proved to be the contrary. In this characteristic Japan but conforms to her continental models, and indeed to the universal usage of mankind, with the solitary exception of the English. The judge conducts the trial alone. All questions by counsel must be put through him. Counsel do not so much defend their clients as represent them. They even testify for their clients, strange as such a thing must sound to English ears. Another peculiarity is that husband and wife, parent and child, master and servant are prohibited from appearing as witnesses against each other. At the same time, they are not entirely excluded from the examination. The code of criminal procedure draws a fine distinction, excluding them as witnesses, but admitting them as “referees”—we can think of no better equivalent for the difficult Japanese term sankūnin. A sankūnin is a witness, and yet not an authoritative witness, a sort of second-rate witness, if one might so phrase it. The idea is, of course, that persons thus related are likely to be prejudiced in each other's favor, and that their testimony should accordingly be allowed littlo weight in comparison with that of others more probably impartial. Vitnesses are storn, though not exactly in the European manner. The oath is rather a solemn asservation, and is entirely unconnected with any religious sanction. It is in the form of a written document, to which the person sworn affixes his seal. The proceedings at a trial are all committed to writing, but not in the actual words used, as Japanese custom is adverse to the employment of the colloquial for literary purposes. The gist of the questions and answers is therefore translated into the book style.
* All officials are classified into four ranks, shinnen, chokunin, sonin, and hannin. The shinnin are the highest of all, receiving their nominations from the Mikado him. self.
Needless to say that the above is the merest shadowy outline of a vast subject. Transformed, revolutionized as it has been, Japanese law nevertheless retains not a few curious features of its own, which would interest both the legal specialist and the student of history and sociology. In departments of legal activity that are not yet covered by the new codes, the customary law of an earlier date is still followed. Land tenure and all such family matters as succession, marriago, adoption, etc., in which it is most difficult to effect sudden changes, belong to this category.
Since the foregoing was printed three new codes appeared, namely, the civil code, the code of civil procedure, and the commercial code. The new civil code, however, includes as yet only the laws of things. Traditional Japanese usage still regulates such important matters as marriage, succession, adoption, and others belonging to the law of persons. The code of civil procedure and the commercial code came into force on January 1, 1891, the civil code on January 1, 1892.
Legal education in Japan.-After having seen how Japan endeavors to copy the law practice of European nations, we may proceed to show that in the preparation for the profession of law also European models are copied. It will be seen from the following statements that the Japaneso have avoided English and American models and apply the courses found in the universities on the continent of Europe, although they study English law thoroughly.
The Imperial University at Tokyo is the chief place where legal studies can be pursued in Japan. This institution has a college of law with 26 professors and 333 students (according to University Calendar 1891-92). The university is under the control of the minister of education and depends for its revenue upon annual allowances from the treasury of the Imperial Government. The tuition fees (21 yen, or about $2 per month) and other sources of income are allowed to accumulate year by year so as to form a large fund, which is touched only in cases of necessity. The university confers among other degrees that of högaka hakushi, or doctor of law, after completion of the entire course prescribed.
The courses of study in the different faculties of the Imperial University are all very comprehensive and stated in detail. Those of the law college being of particular interest to the readers of this volume we quote them in full, giving both the subjects taught and the time allotted to each. The law college offers two courses, one in law and one in politics. To the course in law are added subsidiary courses or sections, namely, in English, French, and German law, to be studied in those languages, respectively.