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The British courts and extra-territoriality in Japan, 1859-1899 / by Christopher Roberts.

By: Material type: TextTextPublisher: Leiden : Brill, 2013Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789004258556
  • 9004258558
Subject(s): Genre/Form: Additional physical formats: Print version:: British courts and extra-territoriality in Japan, 1859-1899DDC classification:
  • 347.41/04 23
LOC classification:
  • KD7261.J37 R63 2013eb
Online resources:
Contents:
The British Courts and Extra-territoriality in Japan, 1859-1899; Copyright; Dedication; Contents; List of Tables and Note on Sources; Note on Place-Names; Note on Currency; Abbreviations; Preface; Acknowledgement; 1. British Extra-Territoriality; Why Extra-territoriality?; The Treaty; British Legal Basis for Extra-territorial Regime; China and Japan Order in Council, 1865; The Yokohama Court; Later Orders in Council; British Regulations and Japanese Law; The Courts; 2. The Players in the Legal System; The Judges; Legal Profession55; Crown Advocates; The Consuls.
Interpreters, Clerks, Constables and UshersRemuneration; 3. Criminal Jurisdiction; Defendants; Prosecutors; Prosecutions by the Japanese Authorities; Convictions and Possible Bias; Punishments; Gaols; Deportations from Japan; Removal to Hong Kong for Trial; Conclusion; 4. The Sea; Jurisdiction; The Impact of War; The Sealing Cases; Shipping Offences; Civil Matters; Inquiries and Naval Courts; 5. Civil Jurisdiction; Jurisdiction; Case-load and the Litigants; Claims; Results and Possible Bias; Court Procedures; Reconciliation and Arbitration; Civil Status; Probate and Administration.
Kaleidoscope of Regimes6. Appeals; Criminal Offences; Civil Cases; 7. The Chishima-Ravenna Collision; The Naval Court; The Legal Battle; The Drowned Sailors; Settlement; What the Chishima Cases Show; 8. The End of Extra-Territoriality; The Iwakura Mission; The Tokyo Treaty Revision Conferences; Discussions in London; Implementation of the 1894 Treaty; 9. Conclusion; Epilogue; Appendix; I Legal Officers, Ministers and Foreign Secretaries, 1859-1899; II Orders in Council Applicable to Japan; III British Lawyers in Japan; IV Foreign population in Japan; V Tables Relating to Cases.
VI List of Deportations from Japan, 1866-1899VII Chishima cases: time-line of events; Sources and Bibliography; Primary Sources; Statutes; Orders in Council; Official Records; Collections of Primary Sources; Law Reports; Secondary Sources; Newspapers; Bibliography; Index.
Summary: In 'The British Courts and extra-territoriality in Japan, 1859-1899', Christopher Roberts reviews the Courts' day-to-day workings and examines the nature of, and fluctuations in, their case-load. By examining the Courts' case-load, it shows that, whilst some complaints that earlier commentators have made about the system's structure and the Consuls' lack of legal training and poor judgments may have been justified initially, the British authorities responded to them so that, over time, the Courts-and the practitioners within the system-came to reflect an increasing professionalism andsophistication. Using both a quantitative and a qualitative analysis of the reported cases, the author concludes that accusations of an anti-Japanese, pro-British bias on the part of the Courts are overstated.
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Includes bibliographical references and index.

In 'The British Courts and extra-territoriality in Japan, 1859-1899', Christopher Roberts reviews the Courts' day-to-day workings and examines the nature of, and fluctuations in, their case-load. By examining the Courts' case-load, it shows that, whilst some complaints that earlier commentators have made about the system's structure and the Consuls' lack of legal training and poor judgments may have been justified initially, the British authorities responded to them so that, over time, the Courts-and the practitioners within the system-came to reflect an increasing professionalism andsophistication. Using both a quantitative and a qualitative analysis of the reported cases, the author concludes that accusations of an anti-Japanese, pro-British bias on the part of the Courts are overstated.

Print version record.

The British Courts and Extra-territoriality in Japan, 1859-1899; Copyright; Dedication; Contents; List of Tables and Note on Sources; Note on Place-Names; Note on Currency; Abbreviations; Preface; Acknowledgement; 1. British Extra-Territoriality; Why Extra-territoriality?; The Treaty; British Legal Basis for Extra-territorial Regime; China and Japan Order in Council, 1865; The Yokohama Court; Later Orders in Council; British Regulations and Japanese Law; The Courts; 2. The Players in the Legal System; The Judges; Legal Profession55; Crown Advocates; The Consuls.

Interpreters, Clerks, Constables and UshersRemuneration; 3. Criminal Jurisdiction; Defendants; Prosecutors; Prosecutions by the Japanese Authorities; Convictions and Possible Bias; Punishments; Gaols; Deportations from Japan; Removal to Hong Kong for Trial; Conclusion; 4. The Sea; Jurisdiction; The Impact of War; The Sealing Cases; Shipping Offences; Civil Matters; Inquiries and Naval Courts; 5. Civil Jurisdiction; Jurisdiction; Case-load and the Litigants; Claims; Results and Possible Bias; Court Procedures; Reconciliation and Arbitration; Civil Status; Probate and Administration.

Kaleidoscope of Regimes6. Appeals; Criminal Offences; Civil Cases; 7. The Chishima-Ravenna Collision; The Naval Court; The Legal Battle; The Drowned Sailors; Settlement; What the Chishima Cases Show; 8. The End of Extra-Territoriality; The Iwakura Mission; The Tokyo Treaty Revision Conferences; Discussions in London; Implementation of the 1894 Treaty; 9. Conclusion; Epilogue; Appendix; I Legal Officers, Ministers and Foreign Secretaries, 1859-1899; II Orders in Council Applicable to Japan; III British Lawyers in Japan; IV Foreign population in Japan; V Tables Relating to Cases.

VI List of Deportations from Japan, 1866-1899VII Chishima cases: time-line of events; Sources and Bibliography; Primary Sources; Statutes; Orders in Council; Official Records; Collections of Primary Sources; Law Reports; Secondary Sources; Newspapers; Bibliography; Index.

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