摘要(Abstract)：
本文通过对日本民族的伦理价值体系及占据其核心地位的名誉观的考察,发现其独特的伦理道德成为日本人在近代完成法律转型的重要精神动力因素。对名誉观念的重视是日本人不甘心落后的人生目标,其所依托的伦理道德"恩"由"义务"、"义理"两大类规范组成,它们构成了日本人生活的主要道德规范。名誉观的实现方式深化了日本民族对名誉观念的重视,其两个衍生物现世主义和对教育的重视促进了日本法律在近代的转型。本文从精神层面的探究仅仅是种研究的尝试,以期对中国的法治进程有所裨益,并不意味着否认其他因素在日本社会法律转型中的重要作用。
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作者(Author): 李丽辉;
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参考文献(References)：
- 1 EMILE DURKHEIM,THE RULES OF SOCIOLOGICAL METHOD,at 107(The Commercial Press,1995).
- 2 JIANG BAILI&DAI JITAO,JAPANESE AND JAPANESE THEORY,at 143(Phoenix Publishing and Media Inc.,2009).
- 3 Hai Qing,Beginning by Suicide,and Terminating by Ego,6 Reading,32(2010).
- 4 Id.
- 5 EMILE DURKHEIM,supra note 1,321.
- 6 Id.,228.
- 7 Id.,232-233.
- 8 JAPANESE CHINESE DICTIONARY FOR LEARNERS,at 1668(Foreign Language Teaching and Research Press,2005.
- 9 MODERN CHINESE DICTIONARY,at 797(The Commercial Press,1983).
- NIIWATABE INA,BUSHIDO,at 47(The Commercial Press.1993).
- Id.,96-97.
- Ai Yongming,Why Legal Modernization Failed at the Late of Qing Dynasty,3 Study of Comparative Law,10(2003).
- SUN GE,FOR THE WRONG SET,at 65(SDX Joint Publishing Company,1998).
- China do not have something similar to family badge.Japanese badges are not inferior to the Europe whether in history and types or design.At the peak of the Edo period there are more than 12000 kinds of family badges.
- Family badge,the overall and the symbolic curtain of shop all show the reputation and credit of the group with a visual mark to reflect honor and unity of the group.
- “Clean”in Japanese means there is no spot in personality,attitude toward life and so on besides containing health condition similar to Chinese.
- MENCIUS,at http://baike.baidu.com/link?url=Otew Ssw DXjK 0FRlJ u PbjK 70syrb N_mE a1wb UT292mB A3Otoke9aW mU goyZ XcF tre(Last visited on January 7,2014).
- YANG BOJUN,THE ANALECTS OF CONFUCIUS VARIORUM,at 16(Zhonghua Book Company,1980).
- RUTH BENEDICT,THE CHRYSANTHEMUM AND THE SWORD,at 80(The Commercial Press,1990).
- YE YONGLIE,JAPAN UNDER THE CHERRY BLOSSOMS,at 58(China Society Press,2009).
- MARCEL MAUSS,THE GIFT,at 24(Shanghai People’s Publishing House,2005).
- Id.,162-165.
- RUTH BENEDICT,supra note 19,90.
- “Duty”is habitual use to call such obligation in Japanese culture.The implication of duty is the same to that of“kindness”sometimes used in Chinese.
- Many Japanese words still retain Chinese form but meaning has already changed.For example“duty”in Chinese language means content and principle of speech or article but it means differently in Japanese language;and“benevolence”occupies a lofty position in Chinese ethical value system but it is completely excluded of ethical system and its social status is low in Japan;and the meaning of“do benevolent thing”is doing something beyond the scope of law,or is general moral standard in local ruffians and hooligans,or is used for bad behavior which should be published.
- Japanese“sorry”may be applied to two different situations:it can not only express apology but also express returning favor.That someone says“sorry”when he does not finish something which should be done shows apology for bringing trouble to somebody else.That someone says“sorry”when he thanks somebody else for their eager help shows feeling that they actually pay a certain price in order to help him.
- Laying open the bowel is Japanese suicide ceremony by laying open the bowel with sword.It is popular method of suicide since the Edo period and is the most dignity way to die in feudal era.Although there is much pain in laying open the bowel the man must keep clear sense of survival and could not make the body tilt,or let the cross pattern deflect,or throw the weapon used arbitrarily when he commits suicide.In order to reduce pain in laying open the bowel sometimes“the mediate person”brandish a knife and beheads from behind to help the suicide to end death quickly.
- RUTH BENEDICT,supra note 19,115.
- ROBERT N BELLA,TOKUGAWA SONORI:THE CULTURAL ORIGIN OF MODERN JAPAN,at 21(SDX Joint Publishing Company,1998).
- Id.,158.
- FUKUZAWA YOSHI,OUTLINE OF CIVILIZATION,at 120(The Commercial Press,1959).
- Id.,118.
- Id.,120.
- Ding Min&Ding Xiangshun,Historical Investigation on Private Legal Education and Legal Modernization of Japan,5 Jurist,92(2003).
- RUTH BENEDICT,supra note 19,8.
- He is the fifth general of Tokugawa Shogunate.
- They were poor warriors who lost salary and rank and wandered everywhere in Shogunate era.After the Shogunate system collapsed ronins increase continuously and part of them change to agriculture or commercial,but many of them keep warrior tradition.After Meiji Restoration some ronins were utilized by the military to engage in activities of aggression and expansion.
- He is the head of retainers.
- When forty-seven samurais raided Tokugawa Tsunayoshi’s mansion,neighbors of the later lift up lanterns highly on enclosure to light up the yard to facilitate the samurais’action,and order retainers to garrison at the fence to prevent somebody from escaping over the wall.When forty-seven samurais withdrew shogunate sent envoys to warned Tokugawa Tsunayoshi’s son not to chase.When forty-seven samurais were haltered in mansions of four seigniors,they were treated cordially.
- MIYA MORO,JAPAN IN THE EDO PERIOD,at 257(Guangxi Normal University Press,2006).
- ZHANG CHENGZHI,RESPECT AND FAREWELL,at 152(China Friendship Publishing Company,2009).
- Because Terasaka Yoshiumon’s identity was lower than warrior Ooishi Ryu who was mastermind judged that he would be given a light sentence afterward and ordered him to escape to pass the message of successful revenge.There are forty-six Samurais to lay open the bowels actually people are still accustomed to call them“Forty-seven Samurais”.
- It means forty-seven persons who are righteous and loyal models gather together.
- ZHANG CHENGZHI,supra note 41,158.
- Jin Rikun,the Ethical Order and Economics of the Cultural Circle of Confucianism 150-153(1t ed.,Renmin University of China press.1991).The opinion advocates that Confucian culture pays much attention to education including the ruling class education and public enlightenment in order to maintain the existing system.Hence education will naturally gain popularity,and the level of education also will continue to be improved,and finally social life ability will be comprehensively improved.
- As a culture which has profound impact on nationality the impact of Confucian culture is far from shrine culture which is growing up natively in Japan.Moreover Confucian culture is no longer pure and has the characteristics of Japan after having been innovated and transformed by Japanese culture.
- MARUYAMA MAYO,JAPANESE THOUGHT,at 88(SDX Joint Publishing Company,2009).
