Introduction Socio-Legal Reflection to the Emperor System of Japan

• Published in: The Sociology of Law Vol. 1978; no. 30; pp. 1 - 5,225
• Main Author: Kobayashi, Takasuke
• Format: Journal Article
• Language: English; Japanese
• Published: The Japanese Association of Sociology of Law 30.03.1978
• ISSN: 0437-6161; 2424-1423
• DOI: 10.11387/jsl1951.1978.1

The constitutional system of Japan is democracy (the sovereignty of people). But there is Emperor (Tenno) as well as the Meiji-constitution (the sovereignty of monarch). Then three problems issue as follow: 1) Why does Tenno exist, in spite of Japanese democracy? This is the problem on the ground of Tenno-system after the second war. The continuity of Tnno-ststem was a compromise between the avoid of the post-war confusion and the promotion to democratization of Japan. It is a paradox in the theory, but the problem in the practice is not democracy or monarchy rather democracy or anti-democracy. 2) What kind of the influence does the existence of Tenno have on Japan, politically and socially? This discussion is to cover the problem of the function of "symbol" provided by the constitution. The symbol brings nothing into being. It is a socio-psychological function of the symbol. If the democracy as a being will be realised, raison d'étre of the symbol will be losted. 3) How being the relation between the Tenno-system and Human rights? Under Meiji-constitution the human rights repress by Tenno-Authority. Nowadays, the guaranty of human rights are still disturbed by traditional and potential influence of Tenno-system.