Introduction: Japan’s Legal Transformation in the Meiji Era

The Meiji Restoration, beginning in 1868, marked a profound transformation in Japan’s political, social, and legal landscapes. One of the most ambitious projects was the wholesale reform of Japan’s legal system, aimed at modernizing the country to stand on equal footing with Western powers. This legal overhaul, however, was not a straightforward transplantation of foreign laws but became a battleground for competing ideologies—modern Western liberalism versus traditional Japanese values.

Central to this conflict was the drafting and attempted implementation of Japan’s first civil code, a legal framework that would govern private law relations such as family, property, and contracts. The civil code’s drafting, spearheaded by French legal scholar Gustave Boissonade, became a flashpoint reflecting Japan’s broader societal debate over identity, modernization, and the preservation of national character.

The Arrival of Gustave Boissonade: Importing Western Legal Expertise

In 1873, Gustave Boissonade, a distinguished French professor of law, arrived in Japan at the invitation of the Meiji government. Originally intending to stay a few years, Boissonade remained in Japan for 22 years, deeply involved in the drafting of Japan’s new legal codes. His background was impressive: born in 1825, Boissonade earned his doctorate in law at 28 and taught at prestigious institutions such as the University of Paris and the University of Grenoble. Among his students were Japanese legal scholars who had studied in France and later served in Japan’s Ministry of Justice, including Inoue Kaoru, a prominent figure in the Meiji government.

Boissonade’s arrival marked a key moment in Japan’s legal modernization. The Meiji leaders had decided to abandon the old feudal legal codes entirely and replace them with modern, Western-style law to facilitate Japan’s transformation into a modern nation-state. To achieve this, the government invited several European legal experts and, within a decade, drafted eight fundamental codes, including the criminal code, commercial code, and civil code.

The Drafting of the Civil Code: A Modern Legal Framework

Work on the civil code began in 1879 under Boissonade’s leadership and took ten years to complete, culminating in what came to be known as the Boissonade Civil Code. This code drew heavily from the Napoleonic Code, reflecting the French legal tradition’s emphasis on codified, clear, and secular laws. Yet it was not a mere copy; the civil code incorporated modern legal concepts suited to Japan’s evolving society.

By 1890, the draft had passed the final review by the Privy Council and was slated for implementation. However, what Boissonade and the Meiji government did not anticipate was the fierce domestic backlash that would cause the code to be shelved indefinitely.

The Civil Code Controversy: Tradition versus Modernity

The controversy surrounding the civil code stemmed from the tension between adopting universal, Western legal principles and preserving Japan’s unique cultural and social traditions. A group of young Japanese legal scholars, many graduates of Tokyo Imperial University and Faculty of Law, formed the Legal Scholars Association. They issued a formal opinion urging the government to delay implementing the civil code. Their main argument was that Japan was undergoing rapid social change and that the new code did not adequately respect Japanese customary practices or the family system, which they saw as the foundation of Japanese society.

This opposition crystallized into two opposing camps: the “postponement faction” and the “proceed faction.” The postponement faction argued that the civil code ignored the “pure customs and moral values” ingrained in Japanese society, especially the authority of the patriarch within the family. They claimed that the code’s emphasis on individual rights threatened to undermine the hierarchical family structure, which was central to social order.

In contrast, the proceed faction maintained that the civil code embodied modern values necessary for Japan to join the community of nations and build a modern, law-based society. They argued that postponing the code’s implementation would perpetuate outdated feudal practices, create legal confusion, and hinder Japan’s constitutional development.

The Ideological Battle: Legal Reform as Social Reflection

The debate over the civil code was more than just a legal issue—it was a reflection of shifting intellectual currents in Japan during the late 19th century. Early Meiji reforms had embraced universalism and Westernization, but by the 1880s, a new emphasis on “Japan’s uniqueness” emerged, promoting nationalism and cultural particularism.

The postponement faction’s concerns were rooted in a desire to preserve the “national essence” and resist what they saw as an alien, individualistic legal system incompatible with Japanese society. They feared that the civil code’s liberal principles would erode social cohesion and family loyalty, which were buttressed by the longstanding tradition of ancestor worship and patriarchal authority.

One of the most influential voices opposing the civil code was Tokyo Imperial University law professor Hozumi Yatsuka. In a highly influential article, Hozumi argued that Japan was a society deeply rooted in ancestor reverence and family solidarity. Unlike Western societies, where Christianity had diminished filial piety and shifted the basis of family relations, Japan’s family system was centered on maintaining the continuity of the household through respect for ancestors and the sacred authority of the patriarch. For Hozumi, the civil code’s focus on individual rights was a fundamental misunderstanding of Japan’s social fabric.

The Clash at the Imperial Diet: Public Debate and Political Implications

The civil code controversy reached a climax in 1892, just before the third Imperial Diet session. The postponement faction circulated documents titled “Opinions on Delaying the Implementation of the Civil Code,” sharply criticizing the liberal individualism they believed would lead to social Darwinism and moral decay.

In response, the proceed faction produced “Opinions on Implementing the Civil Code,” arguing that a modern legal system was essential for law and order and the enforcement of the constitution. They contended that the social problems feared by the opposition were symptoms of insufficient legal development rather than reasons to delay reform.

The debate was widely covered and discussed in academic circles, government offices, and public forums. It became a symbol of the broader tension between modernization and tradition, Western influence and Japanese uniqueness, individual rights and social hierarchy.

The Aftermath: Japan’s Legal Identity and Nationalism

Ultimately, the postponement faction succeeded in delaying the civil code’s implementation. The Meiji government did not enforce the Boissonade Civil Code as originally drafted. Instead, Japan developed a revised civil code that incorporated more elements reflecting traditional family and social structures, balancing Western legal principles with indigenous values.

This episode marked a significant shift in Japan’s modernization trajectory. The early Meiji period’s embrace of universal Western norms gave way to a more cautious approach, emphasizing national identity, cultural preservation, and the promotion of nationalist ideology. The civil code controversy foreshadowed the rise of State Shinto, kokutai nationalism, and the ideological currents that would dominate Japan’s early 20th-century politics.

Conclusion: The Legacy of the Civil Code Debate

The Meiji civil code controversy was not merely a legal dispute but a microcosm of Japan’s complex encounter with modernity. It revealed the challenges of adopting foreign institutions in a way that reconciled them with indigenous traditions and social realities.

Gustave Boissonade’s efforts laid the foundation for Japan’s modern legal system, but the ensuing debate underscored the limits of legal transplantation without cultural adaptation. Japan’s eventual legal codes reflected a hybrid system, combining Western legal rationality with Japanese social norms, a balance that would influence Japan’s legal and political development well into the 20th century.

This historical episode offers valuable insights into how societies negotiate the tension between global modernization forces and local cultural identities—a dynamic still relevant in our increasingly interconnected world. The civil code controversy remains a vivid example of legal reform as a mirror of broader societal transformations and ideological struggles.