2016년 5월 27일 금요일

Japanese law school

Japanese law school

学祖, Akiyoshi Yamada

The private institution law school which was installed as a purpose that the Japanese law school (にほんほうりつがっこう) studied a law of Japan and consulted with about an increase of the fate of the country. Great Japanese Imperial Constitution was promulgated and it was an urgent problem, and a study of the Japanese law planned business of many because 輿降 did study, culture of our country at the same time in 皇典講究所 and supported the jurist and others whom 皇典講究所所長山田 pushed forward a school establishment plan in the same purpose in the same year totally (1889) at the time in 1889 when the maintenance of codes advanced, and the Japan law school (current Nippon University) was established. I treat it about Nippon University (specialized laws of education conformity) as the reincarnation in this item.

Table of contents

Summary

When I said, "it is necessary to found an engine of the law education to aim at the fusion harmony with the law thought of foreign advanced European countries and the thought peculiar to our country, and to establish Japan's original law culture" for the opinion of "the Japanese law school establishment prospectus" of April 3 (1889) for 1,889 years and summarized a foundation purpose written down to the basic point book, I said, "I propose study of the Japan law that the Japanese law referred to an overseas law to learn regardless of the old and the new and took in a good point".

When the opening ceremony of the Japanese law school was held based on dozens of people three lines such as Prime Minister Aritomo Yamagata, Minister for Justice Akiyoshi Yamada, representative guest Boissonade others, government cabinet minister official grandly in 皇典講究所講堂 of Tokyo City Kojimachi ward 5, Iidacho 8 on September 21, it may be said that our school has begun to walk the history as the prefecture of education and researches. On October 4, the school establishment based on the following was authorized.

"Is less than our country great charter, and promulgation せられたるもの of laws and ordinances of the prefectures system, county system, municipality organization is very sudden other than criminal law, civil law, Criminal Procedure Code, Civil Proceedings Act, Court Organization Act, it in a lot of, 講究 せざるべからざる 事日々 of the Japan law, and do it, and do it in 止 むを profit colander reason of the 是即 ち Japan law school establishment, and 講究 does a law of this country exclusively, and the thing which even foreign countries principle of law should offer for reference of our country law again refers to 之, and the purpose of the Japan law school lets the road which learns Japan law from the children of the volunteer profit for the 以 て neighborhood, and there is it now if the distance does the world, and is going to show the path of righteousness of the law to;, in brief, there was the Japan law school in the place that 講究 did a federal law, and was going to expect the beauty and perfection in 之 because 振起 did a thing named the Japan law, and there was it with [1] as soon as wanted it when did not increase an emergency of the 以 て nation good fortune, and codes were established with the constitutional promulgation by our country".

The principal school born as the school where European and American law education educates a Japanese law as before in the mainstream times for the establishment period of the modern nation will show the originality as the private school very much.

The beginning of opening of a school leased the school building (classroom) of 皇典講究所 where Yamada made a director by night and lectured. By the evening class, I was authorized first. In the forerunner of the current line of thought department and the organization where it is, it is in high grade instructor region from (1903) in 1903, and the setting of the high instructor department of (1901) will develop as an education organization of Nippon University with a large department, a university preparatory course, specialty region in 1901.

History

Brief career history

Kentaro Kaneko

The modernization policy of the Meiji government was going to adopt European and American legislation positively, and the law education was started in a Department of Justice law and ethics dormitory law school, too. When (1880), the criminal law, the Criminal Procedure Act as the modern code were established in 1880, it was the request that full-scale private law school establishment to teach these modern codes systematically was social as for the law education. A school is established by an intellectual and the studying abroad experient who learned in a law and ethics dormitory law school; of today's private school became basic. Each did it with a model, and the characteristic of these private law schools decided contents of the law education according to the system of the federal law to say law of French law, U.K. ancestry.

When Great Japanese Imperial Constitution was promulgated (1889) on February 11 in そのなか, 1889, I took the foreign principle of law theory into account from law world and had a voice for the establishment of the school which assumed what I studied mainly on a law of Japan a purpose. Toward this constitutional enforcement that became first among Japan, Minister for Justice Akiyoshi Yamada also keenly realized the establishment of the school which taught a law in Japan in the same way and planned it to install the educational institution which studied the history of nation, writings in Japanese syllabary, a federal law together in 皇典講究所.

Therefore influence of Yamada was extremely strong, and a bureaucrat of the Department of Justice came to cooperate with business of 皇典講究所 which a scholar of ancient Japanese thought and culture and Shinto priesthood ran. It was mainstream that the law education of this time taught European and American law, but Yamada thought that Japan's original code study and education were urgent business, and a plan of the establishment of the school which taught Japan law was pushed forward in oneself founding "country law" in 皇典講究所内 which served as a director separately from 考 えているさなかで, Yamada by jurist and others of the young person led by Michisaburo Miyazaki. With this, I will let I found a principal school in a school building of 皇典講究所, and a code study be successful. ([2] that I decided to name the place that founded Kokugakuin which taught the history of nation, writings in Japanese syllabary, a federal law in), 皇典講究所 in (1890 in 1890, and specialized in the federal law Japan law school.)

I discussed it with 11 Kentaro Kaneko and others jurists who was professor at Tokyo Imperial University Michisaburo Miyazaki, a drafter of the Great Japanese Imperial Constitution promptly and gathered the establishment point for the law school establishment to have new idea and thought as follows.

As for "one, the federal law, it is established a law by the Japanese inherent national polity, how the people live, custom, culture a lot as the root at product らるべきであり, two that at this chance sees the custom system in Japan ancient times again, the constitution beginning because familiarity enforces this on the nations, I examine a law established as three to lecture, Japan law, and four to put up 議 of the revision that is necessary from the side of the old mind, custom, system, the at the same time overseas principle of law also study Japan law very much and contribute to our Staatsrechtwissenschaft and they have, and 振起 does Japan law and measures an increase of the fate of the country now"

I applied to the Tokyo prefecture for the charter of the Japanese law school with the establishment point mentioned above (1889) in September in 1889, and the establishment of the Japanese law school was authorized on October 4, the same year. The Japanese law school invited Kentaro Kaneko who was one of the founders to the first principal (1890) in September in 1890 of the next year, and the fellow scholar founded a school.

In addition, Yamada who was one of the councilors at the time of the establishment called to say after the study establishment with "a special authorization school" for the Ministry of Education and made an effort in the administration finance aspect of the fellow scholar. In this way, I place him calling himself "a study father" because it is well-known that the open theory sense that he showed at the time of establishment business and the school establishment of the principal school and the thought greatly contributed to development of Japan in not only the development of the next principal school but also modern times and has a big influence on the management of the principal school from process such as the above in him that it is called "the father of the method in modern times" in Nippon University equal to the reincarnation engine. Furthermore, there was the support of Yamada, too, and a bottom referred 50,000 yen to the Department of Justice on the occasion of the establishment of the principal school under the name of "law investigation business part-time service costs".

When Yamada dies (1892) on November 11 in 1892, the closedown was discussed, too, but I just continue, and Yasutake Matsuoka takes office as the second principal. It became (1893), the Department of Justice designated school in 1893 of the next year and aimed at the promotion to the university which installed (1901), high grade instructor department in 1901, and did not stop in a simple law school, and it was (1903) in a higher education system of (1904), the specialty laws of education conformity in Nippon University and changing of a name, 1904, the following day in August in 1903. However, it is an old system technical school institutionally at this point in time, and it is April 16 (1920) for 1,920 years that I was promoted to the institutional university (old system university) by the University Establishment Ordinance.

Chronological table

  • It is 46 - first graduates (1893) on July 16 for 1,893 years.
  • The - scientific study bulletin "Japan law and politics new geographical description" [3] first publishes it (1897) in January in 1897 [4].
  • I reorganize it (1898) at - organization Foundation on December 22 in 1898 [5].
  • I set up a - high instructor department (1901) in October in 1901 [6]. The licensing without examination qualification setting [7] of legislation, the economic subject.
  • I am renamed to the university organization from - school regulations (1903) on August 19 in 1903. I memorialize it and establish a badge and a uniform, a regulation cap.
  • 1904 (1904)
    • I provide a political course (existing political economy department), administration course along along with a large department law subject of - past in March.
    • The student body registered at a - university part law subject, a political course, administration course in October was 1,800 people, teacher total number approximately 80.
  • It starts (1920) as a university organization by - University Establishment Ordinance on April 16 in 1920.
  • Their Majesties the Emperor and Empress attends - centenary of the foundation memory ceremony (1989) on October 4 in 1989 [8].

  • Misakicho school building (1920)

Japanese law school and special authorization school

I admitted that it was "the existence that could not already ignore the training demand for specialized talented person who followed a course of diversification and the increase in a process of the progress of the modernization in filling up, and meeting an entrance into a school of higher grade demand to rise steadily again" and it was indirect, but placed it as the penumbra of the government college-centered higher education system with strong regulation. It was greatly developed after two stages. The first is a system of the supervision school especially, and the second is a system of the special authorization school. In other words, it determined "private law school special supervision articles" (1886) in 1886 and gave empire University law university just after the start the supervision authority for the private institution law school under the Tokyo prefecture. It was nothing but the thing which was going to place a private law school under supervision of the government = empire University to exchange it for some special privileges [9]. As for these "articles," (1887), "a civil officer examination probationer and a probationary rule" are promulgated in 1887, the following day, and it is substituted by "a special authorization school rule" and will play a big role for the next development of the private law school [10].

Objection of the special authorization application and Ministry of Education

I applied to the Ministry of Education for the special authorization school (1889) on October 8 in 1889. However, the Ministry of Education included various kinds of doubts in particular about an authorization school and hesitated about special authorization application from Yamada for a while.

Because a manner of the Ministry of Education did not determine Yamada easily, with a Minister for Justice name, I submitted a protest book to Minister of Education Yoshikawa. The subject of the law that 皇典講究所 taught was only the Japanese criminal law, Criminal Procedure Act, ancient times authentic precedent, and Yamada recognized this, and the school which taught only "皇典講究所 ヲ 以 テ 目本法律学校卜見做 シ, young クハ law school ノ qualification アルモノト 看認 メ shortage キ reason ハ 無之 ト 思考致候" [11] and a Japanese law thrust absurdity not to admit with the law school when I taught the foreign country method. In contrast, Minister of Education Yoshikawa pointed out the contents of the Japanese law school which did not fit current Education Ministry departmental order. In addition, this official order was a requirement about the school authorization that was equal to the junior high school degree that draft postponement was accepted and it was not a direct done thing, but did that I put it in the junior high school course with fitness particularly about an authorization school without "Ministry of Education ハ it results ヲ 認 メ, 然 ル 後之 ヲ authorization スルモ 敢 テ 遅 シトセサルナリ" [12] とのぺて admitting particularly with the law school of the authorization. The opposition to the special authorization to principal school was not to have been limited to the Ministry of Education. According to the place that a newspaper reported, warm protection of the Department of Justice held the anxiety that this school might be given in the law school alumni associations in those days that were an advanced school [13]. This affair develops into the opposition movement of the law school alumni association afterwards [14]. As a result, the Department of Justice denies money of protection. The Ministry of Education answered it with "ability はず [15] which applied for the right authorization, and the eyes fundamental law law school did not yet authorize doing it anymore either, and declared りては 今之 in the state of things of the but measures in a solstice". Ministry of Education official order was the most convincing opposite ground for the special authorization of the principal school [16]. The designation of the authorization was not realized in particular after all until this rule was abolished in (1893) in 1893. In this way, the establishment of the Japanese law school having the relations that were close to the Minister for Justice was not necessarily welcomed by an existing law school.

The grant of some special privileges attracts young to aim at the entering the government service, and the reason why すぺての private institution law school accepts the constant regulation by the authorization school rule virtually and demanded the authorization is that it was an indispensable condition in planning the development of the school especially [17]. Therefore, you had to maintain the school system so that it could be in particular in an authorization school that a school was true as a school and developed. This assumed Minister for Justice Akiyoshi Yamada of time the founder, and even a principal school referred a bottom to by protection under the name of "law investigation business part-time service costs" from the Department of Justice was no exception.

This rule became extinct afterwards as the special privilege grant about [18], the eligibility requirements for an examination of the special authorization school graduate was abolished in the same year by the reform of the civil officer appointment system. And "a Prosecutor judge appointment examination rule" was revised with it, and it was "a person of jurisprudence ヲ 修 metal paper ヲ existence through [19] the eligibility requirements for an examination more than Lord of 官立学校及司法大臣二於 テ designation シタル private institution ノ 学校二於 テ three years". Therefore, the private law school would receive designation of the Minister for Justice some other time, and three schools including the Japan law school were appointed outside a conventional special authorization school [20].

Person of relationships

法典伯, Yamada is concerned with foundation deeply.

Councilor establishment

等

Founder

Changing of a name to Nippon University

(1903), the Japanese law school receive the promulgation of specialized laws of education in 1903 and expand an organization for a university organization shift and rename a school name to Nippon University. However, it was shown considerable disapproval about this from the Ministry of Education at the time. Hirondo Tomizu of the Japanese law school governor was summoned to the Ministry of Education once, and it was said, "I did not have any problem if it was a Japanese law school because it was the school which taught a Japanese law, but want another name to do it somehow because it might seem that it was Nippon University with the national university which represented Japan".

However, Tomizu had good name of the Japanese junior high school (existing Japan school) which Shigetaka Sugiura founded and it was said that I wanted to know the reason why Nippon University was no use and did not withdraw. There is the aid of this Tomizu, too, and this school is renamed to Nippon University from September of the year and will receive the authorization by specialized laws of education in the next year [21].

Shinto encouragement of study society

The Shinto encouragement of study society that association of Shinto religious sect society of independent Shinto sect 13 groups (association of existing independent Shinto sect society) became a forerunner was formed and held a Shinto class every year from (1924) in 1924. 講師に本学関係者が多かったのは、当時、大学に宗教科が置かれていたことによる[22]。

皇道研究所

1936年（昭和11年）に皇道研究所が設置され、第2次世界大戦前の日本精神研究のセンターとなった。

（皇道講座）

  • 1938年（昭和13年）4月、日本大学皇道研究所の運営で皇道講座開講。
  • 1939年（昭和14年）、皇道学院と改称。
  • 1966年（昭和41年）2月、日本大学今泉研究所設立。
  • 1970年（昭和45年）4月、夜間1年制の「日本精神講座」を日大内に開講。

校地の変遷と継承

設立時の校地は、先述の通り皇典講究所のあった東京市麹町区飯田町（現在の東京都千代田区飯田町）に所在していたが、山田没後の1895年に神田区神田三崎町の新校舎に移転して皇典講究所から独立した。この校地は現在の日本大学法学部などが所在する日本大学三崎町キャンパスに継承されている。旧飯田町校舎の所在地は現在、「日本大学開校の地」の碑が建立されている[23]。

脚注

[ヘルプ]
  1. ^ 日本大学編『日本大学七十年略史』　68頁 - 69頁。
  2. ^ "学部・学科等の理念・目的 - 國學院大學". p. 6. 2016年2月23日閲覧。
  3. ^ 同誌は現在、日本大学法学部法学会が定期的に刊行する「日本法学」と「政経研究」に受け継がれている。
  4. ^ この同誌上に掲載された学術論文の数々が、わが国法学界の発展に寄与した功績は計り知れない。
  5. ^ 当時、財団法人化にしたのは本校が最初である。
  6. ^ 中等教員の需要が高まるなか、日本法律学校は、修身による法制及び経済の科目を担当する中等教員の養成を計画していた。当初、高等師範科設置の申請を他の法律学校と歩調を併せていたが、他校との協議が進まないため、本校だけで高等師範科設置を申請した。
  7. ^ 法制及び経済の科目の無試験修身の付与については、文部省は難色を示したが、卒業試験を厳格にすること、出席時間数などを厳しくチェックすることなどを条件に設置された。
  8. ^ 天皇皇后両陛下 (1989年10月4日). "主な式典におけるおことば（平成元年）". 宮内庁. 2016年3月2日閲覧。
  9. ^ 時事新報 (1919年3月6日). "私学免租案 - 神戸大学 電子図書館システム 一次情報表示". 神戸大学. 2016年2月17日閲覧。
  10. ^ 天野郁夫『専門学校』　64頁 - 65頁参照。
  11. ^ 国学院大学編『国学院大学八十五年史』　147頁。
  12. ^ 前同書　148頁 - 149頁。なお、明治22年文部省訓令第1号（「法令全書」第22巻の2 ， 訓令57頁 - 58頁。）
  13. ^ 「読売新聞」　明治23年4月11日。以下の叙述については、とくに高梨公之「日本法律学校創立前後」『日本大学法学部創立九十年記念論文集』に負うところきわめて大きい。
  14. ^ 渡辺隆喜. "明治法律学校と自由民権運動 -明治二十年代初頭を中心として-". 明治大学. p. 41. 2016年3月8日閲覧。
  15. ^ 「東京朝日新聞」　明治23年4月18日。日本法律学校設立反対の政談演説会も開催されている。
  16. ^ 「読売新聞」　明治23年5月5日。
  17. ^ 前掲書『専門学校』　65頁参照。
  18. ^ 「文官任用令」とそれにもとづく「文官試験規則」が制定された。これによって、高等試験が予備試験と本試験に分けられ、予備試験の受験資格を、「尋常中学校以上ノ官立公立学校ヲ卒業シ又ハ之ト同等以上ノ学力ヲ有スル者」（第10条）とした。したがって、特別認可学校の卒業生であることは、直接には受験資格と何の関係もなくなった。
  19. ^ 明治24年5月15日司法省令第3号判事検事登用試験規則第5条（『明治以降教育制度発達史』第3巻　235頁 - 236頁。）
  20. ^ 利谷信義「日本資本主義と法学エリート（二）-明治期の法学教育と官僚養成-」『思想』第496号　117頁参照。
  21. ^ 日本大学広報部広報課. "日本大学への改称に尽力". 日本大学. 2016年3月2日閲覧。
  22. ^ 1927年（昭和2年）の第4回開催に、第3回開催の講習内容を加えたのがこの「神道講習録」（昭和3年（1928年）2月10日・大成教教務庁発行）である。
  23. ^ 千代田区観光協会. "日本大学開校の地". 千代田区観光協会. 2016年3月2日閲覧。

参考文献

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