rights in motion. One cannot help being astonished at and gratified
with the remarkable extent to which Prof. Holland's views as expressed
in his book on jurisprudence seem to be adopted in this part of the
code.[6] Part II is called "Bukken," or _Jus in Rem_, corresponding
to the Sachenrecht of the German code, and dealing with Possession,
Ownership, etc., etc. Part III is called "Jinken," or _Jus in
Personam_, corresponding to the Forderungsrecht of the German code,
and dealing with General Law of Obligations, with Obligations arising
_ex contractu_, _quasi ex contractu_, and _ex delicto_. The General
Law of Obligations is taken largely from the Forderungsrecht of the
Swiss code. The law of Contracts and Torts is taken entirely from the
English law. Parts IV and V, dealing with the Family Law and the Law
of Successions respectively, have not as yet been published, for
reasons already indicated.
[6] This may be a mere conjecture on my own part. It is
possible that the Commissioners never consulted his book,
though to assert such a thing of them would be an insult to
their scholarship. Be it as it may, it is a fact beyond
question that their arrangement of these topics presents a
remarkable coincidence to that of Prof. Holland's, and this
is a matter upon which every thoughtful Japanese may well
pride himself.
Such is the new Civil Code of Japan, adopted by the Imperial
Parliament in its session of 1896. Truly, the year 1896 has been an
eventful year for Japan. The war with China had brought glory to her
arms. Formosa and numerous other islands had been added to her
possessions. The insurgents of Formosa had been pacified. The treaties
with the leading nations of the world had been revised, providing for
the abolishment of the disgraceful extra-territoriality regime in
Japan, to take effect, however, upon the taking effect of the new
Civil Code. The last and greatest event of all, the new Code was
adopted. With equal propriety, then, the Emperor Mutsuhito might have
joined Justinian, in proclaiming:--"Imperatoriam Majestatem non solum
armis decoratam, sed etiam legibus opportet esse armatam, ut utrumque
tempus et bellorum et pacis recte possit gubernari!"
JOHN RUSKIN:
A TYPE OF TWENTIETH-CENTURY MANHOOD.
BY B. O. FLOWER.
The name John Ruskin is justly entitled to a foremost place among
those of the builders of twentieth-cen
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