1. Features of the state structure of Japan in the modern era.

2. Fundamentals of Japanese law in modern times. The Constitution of 1889 and its significance for the subsequent genesis of the country's state legal system.

The formation of the bourgeois state, which began in the second half of the 19th century. in Japan, during which the absolutist monarchy turned into a dualistic monarchy of the bourgeois type, was not associated with the victorious bourgeois revolution.

Japan until the 19th century. was a feudal country. Since the 15th century the country established the economic and political independence of the ruling princes - representatives of large feudal houses - daimyo(“big name”), which nominally recognized the power of the central military-oligarchic government, headed by shogun(“great commander”). The first shogunate, which led to the removal from control of the Japanese emperor, who retained only religious and ritual functions, was established in Japan back in the 12th century.

The shoguns of the Tokugawa dynasty achieved a certain centralization of state power. At the same time, class division, expressed by the formula, acquired complete forms in Japan “si-no-ko-sho”: samurai, peasants, artisans, merchants.

In the 18th century, with the development of handicraft production and the home manufacturing industry, the feudal class of merchants, occupying the lowest rung of the feudal ladder, began to play an increasingly important role . A consequence of the development of commodity-money relations was the disintegration of the samurai class, which became increasingly dependent on growing trade and usurious capital.

In 1868 events took place called “Meiji restoration”. Their political result was the overthrow of the shogun and the restoration of the power of the Japanese emperor in the form of an absolute monarchy.

The demands of the “Meiji restoration”, corresponding to the early stages of a social, bourgeois revolution in essence.

Samurai - “noble revolutionaries” associated the need for “revival of the unity of the country” with the creation of a strong centralized state. The only way to this is to carry out reforms that are bourgeois in nature. The slogans of eliminating the power of the shogun and restoring the power of the emperor, which has a traditional religious justification, become a common ideological platform on which the unification of reform forces takes place.

The coup of 1868 in Japan was peaceful and bloodless. It was carried out without the direct participation of the masses.

70 - 80's XIX century - a period of bourgeois reforms, the main task of which is to strengthen the country economically and militarily. In 1872-1873 held agrarian reform, which led to the elimination of feudal rights to land and had far-reaching social consequences. Land has become alienable capitalist property. The agrarian reform led to the strengthening of the positions of the “new landowners,” the new monetary nobility, consisting of moneylenders, rice merchants, rural entrepreneurs, and the wealthy rural elite, who concentrated the land in their hands. At the same time, it hit hard the interests of small peasant landowners, led to the massive ruin of peasants, and an increase in the number of peasant tenants exploited through the levers of economic coercion.

The reform also had important political consequences. The “new landowners” became the support of the absolutist government.

In 1878 it was introduced law on universal military service. The samurai formations were disbanded, the Japanese army was created according to the European model.

In 1872 it was adopted law on the elimination of old titles, simplified class division into the highest nobility (kizoku) and the lower nobility (shizoku); the rest of the population was classified as the “common people.”

The capitalist development of the country was also facilitated by the elimination of all restrictions on the development of trade of feudal guilds and guilds, tariff barriers between provinces, and the streamlining of the monetary system. In 1871, free movement throughout the country was introduced, as well as freedom to choose a professional activity.

In line with the revolutionary changes, there was also a reform of the Japanese school and traditional education system, which opened the door to the achievements of Western science. The borrowing of foreign cultural achievements was exclusively of a utilitarian-practical nature and did not affect the spiritual foundations of Japanese society according to the principle of “Japanese spirit and European knowledge.” In 1872 it was adopted law on universal education. Tuition remained paid , but the law served the purpose of providing the developing capitalist industry and the new administrative apparatus with literate people.

70-80s XIX century were marked by a further increase in political activity of various social strata. The bourgeois-liberal opposition is organized into political parties. In 1881 it was created Liberal Party(Jiyuto), which represented the interests of landowners, the urban middle strata and the rural bourgeoisie. They were also joined by the moderately inclined part of the peasantry and small property owners. Constitutional Reform Party(Kaishinto), which included representatives of the middle strata, the bourgeoisie, and the intelligentsia, created in 1882, became another moderate opposition party.

The political program demands of both parties were almost the same: the introduction of parliamentary forms of government, political freedoms, local self-government, the elimination of the monopoly in governing the country by a narrow circle of bureaucracy and samurai. They were supplemented by economic demands for lower taxes, revision of unequal treaties with Western countries, strengthening the position of the Japanese bourgeoisie through the development of foreign trade, monetary reform, etc.

The government responded to the demands of the opposition by creating the government Constitutional-Imperial Party (Meiseito), whose activities were aimed at limiting future constitutional reforms to a framework that suited it.

Constitution of 1889. In fulfillment of his promise, the emperor “bestowed” on his subjects a Constitution in 1889, which only he himself could abolish or change.

The new Constitution (as well as its official commentary) was a skillful transposition of principles borrowed from Western constitutions (and, above all, the Prussian Constitution of 1850), on the fundamental principles of Tennoist ideology. According to Art. 1, the Empire of Japan is reigned and ruled by an emperor who belongs to the “single and unbroken dynasty forever and ever.”

The person of the emperor was declared “sacred and inviolable.” The emperor, as head of state, had the right to declare war and peace, conclude treaties, convene and dissolve parliament, lead the armed forces, grant the nobility, etc. Legislative power, according to the Constitution, was also entrusted to “the emperor and parliament” (Article 5). The emperor approved laws and ordered their implementation. Based on Art. 8 of the constitution, imperial decrees issued in cases of “urgent need to maintain public order” had the force of law during breaks in parliament. These decrees appeared, as a rule, during parliamentary holidays, which lasted 9 months a year. The emperor also had the right to impose a state of siege in the country.

Ministers, like all senior officials, were not only appointed by the emperor, but were also responsible to him. Their activities were seen as serving the emperor - the sacred center of the constitutional order. The emperor himself was responsible only to God, which, at first glance, was contradicted by the requirement of the Constitution that he exercise his power “in accordance with the Constitution” (Chapter 4). The appearance of this contradiction was eliminated by the main constitutional postulate that the constitution itself is a “divine gift” of imperial self-restraint, the granting by the emperor of certain rights to parliament, government, and subjects. The Constitution is built on this conceptual scheme of self-restraint, by listing the rights of parliament, government, as well as the rights and freedoms of its subjects.

Parliament, endowed with legislative rights by the constitution, consisted of two chambers: the House of Peers and the House of Representatives. Each house had the right to make representations to the government “concerning laws and other matters,” but Art. 71 of the Constitution prohibited parliament from any discussions regarding changes in the status of the imperial house. An absolute majority of votes was required to resolve issues in the chambers.

According to the electoral law of 1890, the lower house was elected on the basis of a high age limit (25 years), as well as a property qualification (15 yen direct tax) and a residence qualification (1.5 years). Women and military personnel did not receive voting rights. Thus, a small part of the Japanese population, about 1%, enjoyed the right to vote. Members of the upper house were princes of the blood, representatives of the titled aristocracy, large taxpayers and persons of “special merit” to the emperor. The term of office of the lower house was determined at 4 years, the upper - at 7 years. The ministers were called upon only to “give advice to the emperor.” The Constitution did not know the institution of a “vote of no confidence”.
Parliamentary control was expressed only in the right to request the government by at least 30 deputies, while ministers could avoid answering a request that could be classified as “secret”. The Japanese parliament actually did not have such a powerful lever of pressure on the government as control over finances, since the constitution did not provide for annual parliamentary voting of the budget. If the budget was rejected by parliament, the government could apply the previous year's budget. In addition, Art. 68 of the Constitution provided for a permanent expenditure fund approved for several years, as well as sums of money “for the exercise of the powers of the emperor himself” and for expenses “related to the obligations of the government.” Government expenditures without the consent of parliament could be legitimized by the emperor himself.

The Constitution reflected the independent role of the military, the ruling monarchical bureaucracy. This was expressed in the privileged position of such parts of the state apparatus as the Privy Council, Genro (council of elders), the Ministry of the Court, which was in charge of the emperor’s vast land holdings, as well as the leadership of the army. The Privy Council was independent of both parliament and the cabinet. Genro's extra-constitutional body, which exercised a decisive influence on the country's politics for half a century, consisted of members of the nobility who held their seats for life.

A special section of the Constitution was devoted to the rights and obligations of Japanese subjects (to pay taxes and perform military service), which were of a formal nature.

The formal consolidation of bourgeois-democratic rights and freedoms could not change the purely conservative nature of the Constitution of 1889, but the Constitution became a step forward along the path of extremely limited democratization of Japanese society. Together with the establishment of a representative body, the proclamation of bourgeois-democratic rights and freedoms, it contributed to the formation of a virtually new transitional form of the Japanese state from an absolute to a dualist monarchy, within which in the following decades not only feudal remnants were preserved, but also the rapid development of Japanese capitalism took place.

Creation of the judicial system. The Constitution of 1889 defined only the general principles for the future restructuring of the courts in Japan, formally establishing the irremovability and independence of judges. The competence of the general courts was limited; they could not consider complaints against the actions of the administration. The Constitution provided for the creation of special administrative courts; the activities of officials were taken beyond the scope of judicial control. The right of amnesty belonged to the emperor, as well as commutation of punishment in court.

Since 1872, representatives of the press began to be allowed into the courts, torture was prohibited in resolving civil cases, class differences were formally destroyed, and blood feud was prohibited. In 1874, torture in criminal proceedings was limited and then completely prohibited.
In 1890, on the basis of the Law on the Organization of Courts, the Japanese judicial system was streamlined, local district and appellate courts were created. Collegiums of administrative courts were formed from judges of the courts of appeal and the Great Court of Justice.

The law also provided for the creation Higher Public Department of the Prosecutor's Office. In 1893 it was adopted Law on Advocacy. Lawyers began to participate in the work of the court. The legal corps was under strict control of both the Minister of Justice and the prosecutor's office. Lawyers were also subject to the jurisdiction of disciplinary courts. Despite all these innovations, the “law enforcement system” of Japan remained for a long time a repressive appendage of imperial power.

The formation of bourgeois state and legal institutions in the countries of the East occurred with a noticeable lag from Western countries. Constitutional government and bourgeois legislation in the East arose as a result expansion industrial civilization and Western ideas that affirm the priority of individual freedom and human rights, the demand for such qualities of human nature as entrepreneurship, the desire for profit, personal gain, and competition.

However, political and legal modernization countries of the East, i.e. the transition from the estate-feudal political system and law to the political and legal institutions of modern, industrial society, encountered backwardness, other a cultural tradition burdened by political fragmentation and colonial dependence on industrialized countries. For this reason, political and legal modernization in the countries of the East was lagging, catching up character and, depending on the maturity of internal factors, acquired different models.

Let's consider two modernization models– Japanese and Chinese – based on an analysis of the constitutional and legal history of these countries in modern times.

State and law of Japan in modern times

The state and social system of Japan in the first half of the 19th century.

In the first half of the 19th century. Japan was a typical feudal state of the militaristic type - shogunate, whose rulers carried out policies self-isolation from the outside world, which contributed to the preservation of the feudal system.

In state and legal terms, Japan was formally centralized monarchy however, actual power was exercised not by the monarch-emperor, but by the hereditary military dictator from the samurai elite - shogun("great commander"). The shoguns had the emperors in the position of prisoners and were completely removed from government. Military ruler- shogun from the house of Tokugawa - concentrated military and administrative power in his hands. In governing the country he relied on government – bakufu(“military field headquarters”) and army. The political and administrative system of the shogunate in the middle of the 19th century. retained the feudal division principalities, led by territorial shoguns. In fact, the feudal principalities turned into 260 judicial-administrative districts headed by influential princes with their own administrative apparatus - fudai daimyo. They occupied all the highest positions under the shogun and were given the function of collecting taxes and administering justice. Military-oligarchic dictatorship shogunate sought to preserve the feudal system and traditional society with its class hierarchy of four groups: si – samurai nobles - military class that served the shogun or daimyo for rice rations and land; but - peasants, attached to the land and paying food rent in the amount of 60–80% of the harvest; co – artisans, organized in workshops; these are traders, united in guilds. Standing apart in this class structure of traditional society was the highest stratum of nobles - daimyo - feudal princes.

Japanese feudalism not much different from the European one. The system of feudal land ownership was similar; there was an institution of private ownership of land, which contributed to the creation of the preconditions for the initial accumulation of capital and the formation of bourgeois relations. The gradual development of commodity-money relations led, on the one hand, to the growth and strengthening of the class bourgeoisie, on the other hand, to increased exploitation of the peasantry. In this process, some of the samurai also went bankrupt, whose services the feudal lords increasingly refused. Samurai without service and land were called ronins. They became dependent on traders. A process of stratification of the peasantry was taking place: the ruined peasants replenished the market for hired labor, and the rich became entrepreneurs, the industrial bourgeoisie. Happened decomposition feudal system. However, the development of capitalist relations was hampered by the Tokugawa military-feudal regime. A contradiction has arisen between the outdated feudal order and emerging new ones capitalist relations. The serf peasantry openly opposed the feudal order. From 1853 to 1867, 52 powerful peasant uprisings swept across the country. In opposition to the feudal regime of the shogun Hitobashi from the Tokugawa house were the bourgeoisie and the lower strata of the samurai, who demanded the elimination of medieval obstacles to the development of capitalism. Armed intervention played an important role in the collapse of Tokugawa rule. foreign powers, primarily the USA, England, France and Holland, who forced the shogun's government to sign treaties unfavorable for Japan in the period from 1858 to 1862. In 1864, the united fleet of these powers fired at Japanese territory, forcing the Japanese authorities to satisfy the demand for the unhindered passage of ships of these countries through Shimonoseki strait The danger of Japan becoming a colony This caused indignation among wide sections of the population, who perceived the arrival of foreigners in the country as an insult to the “country of the gods,” for whom the shogun became the personification of the betrayal of national interests. The bourgeois revolution in Japan became inevitable.

The arrival of Europeans in Japan.

In the 15th century, a period of great geographical discoveries began in Western Europe. In the 16th century, Europeans - traders, missionaries and soldiers - turned their attention to East Asia.

In 1543, representatives of Europe reached the Japanese island of Tanegashima. They gave the Japanese firearms, the production of which was soon established throughout the Japanese archipelago. In 1549, the Jesuit missionary Francis Xavier arrived in the city of Kagoshima, who was the first to inform the Japanese about Christianity.

Japan 16th century

Spanish and Portuguese traders began to visit Japan, acting as resellers in East Asian trade, exchanging goods from Europe and China for Japanese silver. Since the Europeans came from settlements in the south, the Japanese called them "southern barbarians."

Ship of Portugal (17th century)

Dozaki Church (Goto, Nagasaki)

The Japanese rulers benefited from trade with foreigners, so they gladly met with merchants and missionaries, sometimes even becoming Christians. For example, Omura Sumitada, the first Christian ruler from the island of Kyushu, gave the Society of Jesus the city of Nagasaki, which later became Japan's “window to Europe.” With the support of regional rulers, Christians built churches in Yamaguchi, Sakai, and Kyoto. In the second half of the 16th century, about 300,000 Christians lived in Japan. The most senior of them first sent a Japanese delegation to the Pope in 1582, which

Unification of Japan 16th century

At the beginning of the 16th century, civil strife between samurai families continued on the Japanese islands. After the disunity of the state became the socio-political norm, there were people seeking to unite Japan. They were led by Oda Nobunaga, the wealthy ruler of the Owari province. With the help of the shogun, he took Kyoto in 1570 and within three years destroyed the weakened Muromachi shogunate. Due to the support of Christianity and thanks to the use of firearms, Nobunaga was able to capture the most important region of Kinki and the entire center of the Japanese archipelago within a decade. Over time, he carried out the plan for the unification of Japan: he ruthlessly pacified the decentralizing disturbances of the aristocracy and Buddhists, helped revive the authority of the imperial power and restored the economy undermined by civil strife.

Nobunaga (16th century)

Extermination of rebel Buddhists

In 1582, Nobunaga was assassinated by his general without realizing his plan. However, the policy of Japanese unity was resumed by his gifted subject, Toyotomi Hideyoshi. He crushed the opposition of the elders and captured the autonomous tribal states of the regional rulers. In 1590, Hideyoshi completely unified Japan and began to personally lead the state. On his orders, the General Japanese Land Registry was written, which abolished the system of private estates and established the degree of efficiency of land. Land plots were given to peasants, who were obliged to pay a tax to the state in accordance with this degree. In addition, Hideyoshi carried out a social transformation by dividing the inhabitants into military stewards and civilian subjects by confiscating weapons from civilians. At the end of his life, Hideyoshi entered into a military conflict with Korea and persecuted and destroyed Christians, which cost his offspring power.

Osaka, "the capital of Hideyoshi"

Momoyama culture 16th - 17th century

The culture of Japan of the late 16th and early 17th centuries is called the Momoyama culture, after the name of the residence of Toyotomi Hideyoshi. This culture was based on the principles of wealth, majesty and power. The most original examples of their implementation were Japanese castles with monumental towers in Osaka, Azuchi, Himeji, Momoyama. The outside of these buildings were decorated with gilding, and inside - paintings by the best artists of that time, Kano Sanraku, Kano Eitoku, Hasegawa Tohaku.

Himeji Castle

"Chinese Lions" by Kano Eitoku

Castles were transformed into theatrical venues for Noh theater productions, featuring famous actors from the Kanze and Komparu troupes, and tea ceremony sites presided over by masters such as Sen no Rikyu.

In the society of common people, particularly in big cities, hedonistic teachings (pleasure is the goal of life) and a passion for everything bright and unusual have gained popularity. It was in folk society that the “eccentric” Kabuki dance was invented, which later became an independent type of theatrical creativity. At the same time, a new style of rhymed prose, joruri, was founded, which was read to the sound of the shamisen musical instrument brought from Kyushu.

The main feature of Momoyama culture was its openness to European influence. The Jesuits brought new knowledge to the Japanese islands in the fields of medicine, astronomy, printing, maritime navigation and fine arts. The Japanese were very interested in foreign things, and even some began to wear European clothes and make “southern barbarians” the heroes of their paintings and stories. In addition, a number of Spanish and Portuguese words entered the Japanese language.

Description of the presentation by individual slides:

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Japan, a state of the East in the Early Modern era. A presentation on history was made by a student of class 7 "A" Huk An Cham MBOU Secondary School No. 65

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Japan in the 16th century In traditional Japanese historiography, accepted by European historical science, the 16th century is divided into two unequal parts. Its first three quarters (until 1573) belong to the Ashikaga period, that is, the time when the shoguns of the house of Ashikaga1 were in power, whose reign began in 1334; The last quarter of the 16th century is designated as the Momoyama period, which lasted until 1615, the time of the final establishment of the power of the shoguns from the house of Tokugawa at the helm.

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At the turn of the 15th and 16th centuries, Japan was in a state of deep crisis. The internecine feudal wars that began in the 60s (the so-called wars of the Onin years, 1467-1477) were the beginning of the almost hundred-year period of the “Time of Troubles” (Sengoku Jidai), when there was virtually no single government in the country. By the end of the 15th century, Japan occupied a territory almost equal to its modern one, with the exception of the northern island of Hokkaido and the southern Ryukyu Islands. Its population was about 16-17 million2. At that time, compared to neighboring countries - China and Korea - Japan was not only weak politically, but also an economically more backward country. And it entered the 17th century as a powerful centralized state, whose economy was significantly streamlined and was experiencing great growth. During this time, significant changes occurred in the social structure of Japanese society, in the influence and relationships of various segments of the population. All this affected the sphere of spiritual culture, the internal processes of development of which became significantly more complex. As historians note, the basis of all changes in Japan in the 16th century was the transition to a new system of land tenure and the creation of large feudal principalities, sometimes uniting several provinces3. The owners of almost all the lands were representatives of the top of the military class - the princes daimyo (literally “big name”)4. In a fierce struggle with each other, they increased their possessions, and this process continued until the middle of the 16th century. Not subordinate to the central government, daimyo were interested in increasing their own incomes, and, consequently, in developing the economy of their principalities. In addition to growing rice, the main agricultural crop of Japan, they encouraged crafts and trade, built roads, ships for coastal navigation and expeditions to neighboring countries. The capitals of the principalities gradually became not only administrative and economic centers, but also cultural centers.

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Jomon period About 10 thousand years BC. e. The era of glaciers ended, with the melting of which the level of the world's oceans rose. Thanks to this, the Japanese archipelago was formed. As a result of warming and changes in the movement of sea currents, the Japanese steppes of the Paleolithic times were overgrown with dense forest. Around this time, a new group of people from Southeast Asia moved to the Japanese islands. Representatives of this group were well versed in shipbuilding and maritime navigation. Probably, their canoe-like dugout boats were brought to the Japanese shores by the warm Kuroshio ocean current. Newly arrived Southeast Asians mixed with the descendants of the Paleolithic population of the Japanese archipelago. Thanks to climate change, Japanese flora and fauna have changed dramatically. The northeastern part of the archipelago was covered with oak and coniferous forests, and the southwestern part with beech and subtropical forests. Large boars, deer, wild ducks, and pheasants lived in them. Bonitas, red pagras, and sea pike perch were found in the seas and oceans. The coasts of Hokkaido and the Tohoku region were rich in salmon and trout. Thanks to such natural resources, the inhabitants of the Japanese islands did not need large-scale agriculture or ranching, remaining a primitive hunter-gatherer society. About 10 thousand years ago, the ancient Japanese began making ceramics that are considered to be some of the oldest in the world. Among the ceramics of that time, kitchen utensils in the form of deep-bottomed jugs for storing food, frying and boiling food predominated. A characteristic feature of these products was the “lace ornament”, which in Japanese is called jomon. A similar ornament was observed on island dishes until the middle of the 2nd century BC. e., which allowed archaeologists to call the Japanese culture of the Neolithic times the “Jomon culture”, and the time of its dominance in the Japanese archipelago - the Jomon period. In the Neolithic, the ancient Japanese switched to a sedentary lifestyle, forming small settlements of 20-30 people on low hills. Typical housing were dugouts and semi-dugouts. Around the settlement there were garbage heaps, which also served as burial places for the dead. Among the settlements of that era, the Sannai-Maruyama site in modern Aomori Prefecture, dating back to the 5th century BC, stands out. e. and containing the remains of a large settlement for 100-200 people. The basis of the inhabitants' economy was hunting and collecting plant fruits. There was a gender and age division of labor. Along with crafts, the ancient inhabitants of the archipelago were engaged in primitive breeding of chestnuts, legumes, buckwheat, as well as the cultivation of oysters. Around IV-III centuries BC. e. they mastered primitive dry rice farming. Animism and totemism were inherent in religious ideas. They also made female dogu figurines from clay and worshiped the forces of the Earth, symbols of birth and life.

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Yayoi Period Although rice farming was known in Japan as early as the Jomon era, large-scale flood rice farming using irrigation appeared on the islands in the 1st millennium BC. e., by borrowing from the continent. The place of innovation was the north of the island of Kyushu, from where this culture spread to other areas of the archipelago. With the advent of flood rice farming, people who had previously lived on small hills moved to the plains and river valleys. The first rural Mura communities were created, whose members were involved in the creation and maintenance of flood fields. New tools appeared, such as a stone sickle knife, as well as new types of buildings for storing grain - barns on supports. Community members began holding holidays and prayers for a rich harvest. A new agricultural ritual and calendar was formed. Along with rice growing, the culture of metal processing - copper, bronze and iron - came to Japan from the mainland. Until the 1st century BC. e. The Japanese imported finished goods, but subsequently established their own metallurgical production. Major bronze items included swords, spears and ge, as well as mirrors and dotaku bells. With the spread of iron tools in the 2nd century AD. e., bronze weapons turned into objects of worship. Also at the beginning of the 1st millennium BC. e. In the Japanese archipelago, they began to produce ceramic products of a new style, which was similar to the continental one. Their peculiarity was their reddish color, lack of pattern and richness of types of dishes. The ceramic reform was probably associated with the spread of rice farming. Such dishes were first found in the village of Yayoi, after which the new ceramic culture was called the “Yayoi culture.” The time of dominance of this culture on the Japanese Islands was from the 1st millennium BC. e. to the 3rd century AD e. called the Yayoi period. Thanks to rice farming, Japan's population increased. This helped to improve relations between communities, but often provoked conflicts, especially over control over resources - land and water. From the 2nd century BC. e. most settlements were already surrounded by ditches and wooden palisades. Among the population, leaders stood out who concentrated religious and military power in their hands. Villages often united into unions - the first Japanese proto-state formations. One of the most fortified settlement-communities of the Yayoi period was the Yoshinogari site in Saga Prefecture, which testifies to the high level of organization of the ancient Japanese.

World history: in 6 volumes. Volume 3: The World in Early Modern Times Team of authors

JAPAN IN THE 17TH CENTURY

JAPAN IN THE 17TH CENTURY

At the end of the 16th - beginning of the 17th centuries. the country was unified, the era of the “warring provinces” (1467–1590) (sengoku jidai) ended, and in the 17th century. The long-awaited peace came to the country. After the victory in 1590 over the powerful Hojo clan, virtually all of Japan came under the rule of Toyotomi Hideyoshi (who replaced Oda Nobunaga as the “unifier” of the country). The lands from now on either belonged to Hideyoshi or were transferred to the princes who swore allegiance to him.

Many of the main characteristics of the Tokugawa era that followed Hideyoshi's reign were already laid down during the reform activities of Toyotomi Hideyoshi. Under him in 1582–1598. A land cadastre was compiled throughout the country and units of measurement of land area were unified. At the same time, the yield of any agricultural land was expressed in rice koku. The measurement of land led to a significant increase in the officially registered land fund. The unification and streamlining of land relations in the village was carried out. In cadastral records, plots of land were assigned to the peasants who cultivated them. As a result of the compilation of land inventories, rich peasants lost the right to collect rent from other peasants (kajishi tokubun), which was included in the nengu (annual rent) paid to the landowner. Based on cadastre data, the volume of military service that warrior-landowners had to perform was established, and the profitability of the possessions of a particular daimyo was assessed.

Under Hideyoshi, measures were also taken to tighten class differences. In 1588, a decree was issued ordering the confiscation of weapons from the peasants and strictly prohibiting their ownership in the future. According to Hideyoshi's decree of 1591, the country's population was divided into three classes - samurai, peasants and townspeople. The transition of samurai or peasants to the class of townspeople was prohibited; samurai could not change their master. Later, the class of townspeople was divided into two independent classes of traders and artisans; This class structure (shi-no-ko-sho) remained throughout the Tokugawa period. Samurai made up 5% of the population, peasants - about 80–90%, merchants and artisans - 8%, about 2% were pariahs - eta (“untouchables”, hereditary corporations that performed work considered unclean: slaughtering livestock, dressing leather and etc.) and quinine (lit., “non-humans”, mainly criminals who could be forgiven and restored to their former status).

Samurai had the exclusive right to carry weapons and to have surnames (the rest of the Japanese received surnames only during the Meiji era, 1868–1911). For an insult inflicted by a member of the non-samurai class, a warrior had the right to hack the offender to death on the spot. Marriages between members of different classes were strictly prohibited (the ban could be circumvented through the procedure of adoption).

KOREAN APPROACH

Having subjugated all of Japan by 1591, Toyotomi Hideyoshi made plans to establish world domination: to seize Korea, China, and then India. Hideyoshi demanded that the wan (ruler) of Korea assist Japan in conquering China. But Wang refused to support the Japanese and allow them to enter China through his territory. In 1591, Hideyoshi ordered preparations to begin for the invasion of Korea.

On May 23, 1592, Japanese troops (about 160 thousand people) landed in the port of Busan. The very next day, Busan fell, and the Japanese began advancing towards the Korean capital, Seoul. On June 12, Seoul was occupied without a fight, and on July 22, Pyongyang fell.

However, a partisan movement soon developed. At the same time, the Korean fleet began to operate very successfully, cutting off the Japanese sea communications. In addition, the Koreans received military support from China. On February 8, the Japanese left Pyongyang, and on April 18, Seoul. They withdrew most of the troops from Korea, and long negotiations with China began.

Hideyoshi's tough position (he demanded that the daughter of the Chinese emperor be given as a wife to the Japanese emperor, almost half of the territory of Korea be transferred to Japan, etc.) and arrogant tone would have made negotiations impossible if the Japanese negotiators had not forged Hideyoshi's letter to the Chinese emperor. In the fake, Hideyoshi respectfully asked the emperor to grant him the title of “van.”

Thanks to the fake, negotiations have progressed significantly. But when Hideyoshi realized that not a single one of his demands had been fulfilled, and that he himself had only been granted a title, which meant his recognition of Chinese vassalage, he became furious. The military campaign resumed in August 1597. The second campaign was even less successful; the Japanese did not reach Seoul, having encountered serious resistance from the Korean-Chinese troops both on land and at sea. After Hideyoshi's death in 1598, peace negotiations began again.

Japanese troops in Korea acted exceptionally brutally, killing thousands of Koreans, including civilians. A peace treaty between Japan and Korea was concluded in 1609, the Japanese received the right to trade with Korea in the port of Busan. Until the 19th century. Korea remained the only country with which Japan established official diplomatic relations. True, embassies to Edo also arrived from the Ryukyu kingdom, located on the islands of the same name. But in fact, Ryukyu in 1609 was annexed to the Japanese principality of Satsuma and only to maintain trade relations with China continued to be called a kingdom, recognizing itself as a vassal of China.

One of the most pressing problems for the “unifiers” of Japan remained the issue of legitimizing power. Neither Oda Nobunaga nor Toyotomi Hideyoshi received the title "shogun"; Formally, it could only be granted by the emperor. Both “unifiers” used the imperial court to strengthen their positions, receiving appointments to high positions. Nobunaga was appointed Minister of the Right in 1578. Hideyoshi took the highest court position of kampaku (chancellor) in 1585, and then became taiko (regent for the emperor). A commoner by birth, Hideyoshi also had to resort to the procedure of adoption by the ancient aristocratic Fujiwara family. True, continuity of power was not guaranteed.

Trying to solve this problem, Hideyoshi appointed his son Hideyori (1593–1615) as heir, and until he reached adulthood, the country was to be ruled by a council of five major daimyo - Tokugawa Ieyasu (1542–1616), Maeda Toshiie, Mori Terumoto, Kobayakawa Kagekatsu and Ukita Hideie. However, after the death of Hideyoshi, who died of illness in 1598, the daimyo entered into a struggle for power. By 1600, two coalitions had formed in the country: the western, which recognized Hideyori as the legitimate successor, and the eastern, led by Tokugawa Ieyasu, which recognized Ieyasu as the hegemon. On October 21, 1600, in the Battle of Sekigahara (modern Gifu Prefecture), a 70,000-strong army led by Tokugawa Ieyasu defeated the 80,000-strong army of the Western coalition. In 1603, by decree of Emperor Goyozei (1586–1611), Ieyasu was appointed shogun. During the winter campaign of 1614 and the summer campaign of 1615, Hideyori Castle was captured and burned, and he and his mother committed suicide.

Even before the decisive battle, Ieyasu took care of the genealogical substantiation of his claims to power, tracing his origins to the Genji (Minamoto) clan - the oldest and most influential of the military clans. A representative of this family, Minamoto Yoritomo, founded the first Kamakura shogunate in Japanese history (1192–1333). In 1605, Ieyasu transferred the position of shogun to his third son Hidetada (1579–1632), received the appointment to the position of “kampaku” and the honorary title “ogosho” (abdicated shogun) and formally retired, although in fact he retained all the threads of government in his hands . Ieyasu made sure that henceforth a clear order of transfer of power was observed: the title of shogun was to pass to the eldest son in his family. The Tokugawa dynasty lasted from 1603 to 1867.

The beginning of the Tokugawa reign was marked by changes in foreign policy associated with a sharp tightening of attitudes towards Christians. In many ways, this policy was caused by fears of increased European influence due to further Christianization. Decrees against Christians began to be issued under Toyotomi Hideyoshi, but most of them were not implemented. In 1612 and 1614 Decrees were again issued banning Christian preaching, the second of which ordered missionaries to leave the country. Only a few preachers disobeyed this decree and remained in Japan.

JAPANESE SAILING TO THE EAST

One of the Christian daimyos, Date Masamune, organized an embassy in 1613 to the Pope and the “southern barbarians” (as Europeans were called in Japan). The bakufu government at that time had not yet completely leaned towards a policy of isolationism. Therefore, it sent its people to participate in the journey. The embassy also had to negotiate with the Spaniards to conclude a trade agreement. Date Masamune himself sought to establish direct trade ties with the New World.

The idea of organizing the embassy was put forward by Franciscan monk Luis Sotelo, who lived in Japan. The Date Maru ship was built with Date's funds. The embassy (180 people, including samurai, about 40 Portuguese and Spaniards, many merchants and sailors) led by Hasekura Tsunenaga became the second Japanese embassy to Europe (the first, also organized by Christian daimyos, sailed from Nagasaki westward on a European ship in 80s of the 16th century). The third took place only 200 years later.

The ship "Date Maru" crossed the Pacific Ocean and came to Acapulco. Hasekura Tsunenaga and his men crossed Mexico and sailed to Europe on a Spanish ship. On the way, the embassy stopped in Cuba. In Europe, Hasekura Tsunenaga visited Spain, France and Italy. But the negotiations were unsuccessful as Europeans were concerned about the increasing persecution of Christians in Japan.

By the time the ambassadors returned to Japan in 1620, the situation in the country had changed for the worse. The new shogun, Tokugawa Hidetada, was more inclined towards the policy of “isolationism” than his father. Perhaps the ban on trade with Spain and the severance of diplomatic relations in 1623–1624. were also summoned by reports from embassy participants who described Spanish policy in the New World.

A new wave of persecution of Christians led to mass executions in 1622 in Nagasaki and in 1623 in Edo. In the following years, the persecution of Christians continued, many were tortured and forced to renounce their faith. The execution of about 3 thousand Christians during this period is documented.

The last surge of Christian activity was the Shimabara revolt of 1637–1638. (on the Shimabara Peninsula, Kyushu Island). The ranks of the rebels were peasants and fishermen, driven to despair by poverty, exorbitant taxes and the poor harvest of 1637, but most of them belonged to Christians and acted under Christian slogans. It is believed that the number of rebels numbered up to 37 thousand people. Frightened by the successes of the rebels, the bakufu mobilized an army of more than one hundred thousand against them. Almost all the rebels were destroyed (the deserted areas were forcibly resettled by residents of different regions of the country), anti-Christian measures were further tightened by a series of decrees of 1633–1639. the country was virtually closed.

From now on, the Japanese were prohibited from traveling abroad under pain of death; all missionaries, as well as Portuguese traders, were subject to deportation. Since 1641, only the Dutch and Chinese received the right to trade with Japan, and only in the port of Nagasaki. Foreigners could also sail to small ports in the Satsuma domain and on the island of Tsushima (mainly trading with the Ryukyu and Korea, respectively). The Bakufu demonstrated its determination to consistently implement the decrees to close the country - when in 1640 a Portuguese ship with 61 envoys arrived in Nagasaki asking for a relaxation of the ban for the Portuguese, they were all beheaded, and the crew, consisting of 13 Chinese, was released to Macau in order to report their fate. Despite the “closedness” of the country, its trade and cultural exchange with other countries was not completely stopped. Even in the 18th century. Some industries were oriented towards foreign trade (including the production of silk fabrics in Kyoto) and raw materials imported from overseas. European knowledge (the so-called rangaku or “Dutch sciences”) in the fields of mathematics, cartography, optics, medicine, and botany penetrated into Japan through contacts with the Dutch in Nagasaki (although the foreigners lived separately on a separate island and in a special quarter). Thanks to this, in 1671, for example, the “Comprehensive Map of the Myriad Nations” was published - a map with drawings depicting the inhabitants of various countries (mainly Asian) and their ethnographic description.

The closure of Japan contributed to the onset of stability in the country, which spurred economic growth. During the period from 1600 to 1720, the area of cultivated land in the country increased by 82%. Thanks to technological and agricultural innovations, yields have also increased. Increased productivity and the abolition of internal customs duties contributed to the development of trade and crafts. The growth of cities continued: Edo (modern Tokyo), a small village, which Ieyasu made his headquarters in 1590, by the end of the 17th century. became the largest city in the world with a population of about 1 million people, the population of the cities of Osaka and Kyoto was equal to the population of London and Paris.

Although the emperor and his court did not have any power in the country, the institution of imperial power was preserved, and formally the shoguns received a decree on their appointment from the emperors. The shoguns demonstrated their patronage of the imperial house by paying the costs of repairs and construction of the palaces and residences of the emperor and his court. Marriage ties were used to establish family contacts between the imperial family and the Tokugawa house. At the same time, the shogunate issued orders instructing the aristocracy to engage only in traditional arts and ceremonies, not to leave the palace complex, etc. Representatives of the aristocracy could not be appointed to either military or civilian positions in the bakufu administration.

The shogun's possessions were located in 47 of the 68 provinces and accounted for approximately one-sixth of all cultivated land in the country, concentrating mainly in the eastern regions of Honshu. The shogunate also received a significant portion of its income by controlling the largest cities - Edo, Osaka, Sakai, Kyoto, Fushimi, Nara and Nagasaki. In addition, the shogunate had a monopoly on the development of silver and copper mines.

The daimyo's possessions - principalities (khan) - occupied three quarters of the entire territory of the archipelago. During the Tokugawa era, about 260 principalities existed simultaneously. However, daimyo occupied a subordinate position in relation to the bakufu. Such a system of political governance in historiography was called “bakuhan” (bakufu + khan); it took shape during the reign of the first three shoguns of the Tokugawa dynasty, i.e. not earlier than the 30s-40s of the 17th century. Most of the daimyo advanced to serve the Tokugawa house. Only in rare cases were representatives of clans that arose before Oda Nobunaga’s appearance on the historical scene able to retain the position of daimyo. All daimyo were divided into three groups. The hierarchy was headed by shipan-daimyo (houses related to the Tokugawa family; there were 23 of them). Then came the fudai-daimyo (“hereditary daimyo”, allies of the Tokugawa at the Battle of Sekigahara; by the end of the 18th century there were 145 of them). Then the tozama daimyo (“external daimyo”, former opponents of Ieyasu, there were 98 of them). Most of the fudai daimyo's possessions were located in the Kanto region, near Edo. The possessions of the Tozama daimyo were concentrated mainly to the west of Osaka or on the outskirts of the archipelago. In terms of their economic potential, the tozama daimyo often surpassed the fudai daimyo, but were politically powerless, since they did not have the right to hold positions in the shogunate apparatus.

Japanese helmet and sword. XVII century Chinese Museum, Genoa © Photo Scala, Florence

A significant part of the bakufu officials were hatamoto and gokenin - direct vassals of the shoguns. The Hatamoto numbered about 5,200 people, some of them were owners of feudal estates, and some were supported by rice; the Hatamoto had the right to a personal audience with the shogun. The Gokenin (about 2 thousand people) mainly received payments in rice and did not have the right to a personal audience with the shogun. Shoguns were never sole rulers; decisions were made collectively. Although the degree of personal participation of the first three shoguns of the Tokugawa dynasty in government was great, it subsequently declined.

Important affairs of a national scale (control over the imperial court, control over the daimyo, foreign policy, defense, taxation, etc.) and the development of a general course of management were in charge of the Senior State Councilors (roju), whose number ranged from four to six. Roju were appointed from among the fudai daimyo of the highest status (i.e., those with the highest income in rice equivalent). Junior state councilors (wakadoshiyori, from three to five people), appointed from among the fudai daimyo of lower rank, were in charge of more private aspects of government - the affairs of the vassals of the Tokugawa house, appointments to positions in the administrative apparatus, rank promotions, military affairs, etc. The most important departments subordinate to the roju were the Financial Administration (kanjo bugyo), the Administration of the Affairs of Shinto and Buddhist Temples (jisha bugyo), and the Administration of the City of Edo (Edo-machi bugyo). An applicant for a particular position in the shogunal apparatus had to have a fixed annual income, since officials paid their assistants from their own funds. In some cases, the bakufu paid additional funds to officials if their income did not correspond to the position they received.

The model of the control system for the principalities was the control system in the domains of the Tokugawa shoguns. At the beginning of the reign of each shogun (or upon assuming the rights to govern the principality), the daimyo took an oath of allegiance. In return, they received an investiture to govern the principality, sealed with the personal seal of the shogun.

Daimyo could be transferred from one principality to another, and as punishment for serious offenses, their possessions could be confiscated by the bakufu. Under the first five shoguns, about half of all taxable land in the country changed hands. Subsequently, the hereditary principle in the principalities became the leading one; the shogunate intervened in the rarest cases.

Many restrictions were imposed on the activities of daimyos: without permission from the bakufu, they could neither repair nor rebuild their castles (since 1615, daimyos could only own one fortress), nor marry; they were required to report suspicious activities of their neighbors, and they were prohibited from harboring criminals involved in anti-government activities. In 1615, Ieyasu compiled the “Code for Military Houses” (“Buke Shohatto”), the 13 articles of which contained recommendations for the management of the principalities. Subsequently, changes and additions were made to the code. Since the time of Ieyasu, the code has been read before the daimyo during the inauguration ceremony of the new shogun. An effective way to control daimyo was the hostage system (sankin kotai), initially applied to tozama daimyo, and since 1642 extended to fudai daimyo. The princes and their families had to spend one year in the capital of Edo, and the next year they could return to their principality, however, leaving their family in Edo.

Daimyo had the right to issue laws, collect taxes, mint coins (the monopoly on minting coins that circulated throughout the country belonged to the shogunate, but within individual principalities they could also use their own banknotes), and exercise judicial functions.

If in the era of the “warring provinces” most soldiers received from their master an estate with the rights to manage and collect taxes, in which they lived, then by the end of the 17th century. such a system, called the dzizamurai system (jidzamurai or goshi, rural samurai), was preserved in only 40 principalities (about 17% of the total number of principalities). In most cases, samurai received a salary in rice and lived in the residence of their daimyo, which made them completely dependent on rice rations and served as one of the factors in the growth of cities and the development of the domestic market.

Since 1633, the bakufu periodically sent inspectors (junkenshi) to the daimyo's possessions to conduct inspections. Daimyo were also required to regularly provide reporting documentation - population censuses, reports on judicial activities, etc. In 1644, the bakufu was ordered to provide detailed maps of the principalities indicating land productivity. Daimyo were obliged to assist the bakufu in the implementation of numerous projects for the construction of fortresses, residences, palaces, etc., by providing material and human resources. The residence of the Tokugawa shoguns and the government was the castle in Edo, the reconstruction of the destroyed Osaka Castle, the construction of the Nikko temple complex, where the founder of the Tokugawa dynasty Ieyasu was revered, and many other projects were carried out at the expense of the principalities. Depending on their profitability, the principalities were also required to maintain a fixed number of military forces.

Despite their small size, the principalities had a large administrative apparatus. Thus, in the principalities of Sakura and Owari there were about 150 positions. The total administrative apparatus of all the principalities may have reached a figure of 350 thousand officials. Already by the middle of the 17th century. the most important positions in most principalities were filled by the heads of a limited number of clans. Typically, 80% of the principality's income came from land tax, the rate of which on average was about 30% of the harvest, but in some principalities reached 70–80%.

In 1632, the shogunate drew up separate statutes for hatamoto and gokenin - “Shoshi hatto”; in 1655, statutes were created for Buddhist priests; numerous regulations also regulated the activities of artisans and merchants. A unified set of criminal laws did not exist until 1742, when the “Code of One Hundred Articles” (“Osadamegaki Hyakkajo”) was compiled. However, the laws were not widely publicized, but, on the contrary, were kept as secret internal instructions intended for officials whose duties included administering justice. At the same time, specific decrees and orders were widely published: posted on notice boards and read out publicly.

Although the principalities had the right to make their own laws, they mostly copied the laws of the bakufu or followed Chinese models mainly from the Ming Dynasty. In general, the ideals of unquestioning submission and devotion to one’s master that prevailed among the samurai, as well as the ideas cultivated among the peasant and urban population about obedience to authorities and the need to follow the ideals of frugality, made it possible to achieve a high degree of controllability and were in this regard much more effective than criminal legislation.

By the beginning of the 18th century. mainly in central Japan, areas specializing in cash crops appeared - cotton (it was brought from Korea at the end of the 16th century; in the 17th century, cotton clothing became widespread among commoners), tobacco (brought to Japan by the Spaniards at the end of the 16th century), indigo, etc. Not a single principality was completely self-sufficient.

Most cities arose around castles (castle towns, jokamachi), i.e., first of all, they were political centers, usually with a population of 10–30 thousand people. But large port cities (Hakata, Sakai, Nagasaki) also grew. The largest city in the country was its administrative center - Edo, the core of whose inhabitants were samurai. Kyoto maintained its importance as a cultural capital and was also famous for the production and dyeing of silk fabrics. The city of Osaka was the largest wholesale trade center and the main market of the country.

City administration was also built on the class principle: the affairs of traders and artisans, on the one hand, and the affairs of samurai, on the other, were handled by different administrative bodies. The magistrates (mashi bugyo) who headed the city administration were appointed by the bakufu. In Edo, Kyoto, Osaka, due to the importance of these cities, daimyo or direct vassals of the shogun were appointed to the position of machi bugyo.

Hishikawa Moronobu. Beauty and youth. Second half of the 17th century. National Museum, Tokyo

One of the important consequences of the emergence of large cities was the flourishing of urban culture, called the “culture of the Genroku era” (Genroku is the motto of the reign of Emperor Higashiyama from 1688 to 1704, but the concept of “Genroku culture” covers the period from 1680 to 1709, the reign of fifth shogun Tsunayoshi). In theatrical art, this is the heyday of the ningyo joruri puppet theater and the kabuki theater, the productions of which were addressed primarily to the townspeople. The success of puppet theater and kabuki theater is largely due to the work of the great Japanese playwright Chikamatsu Monzaemon (1653–1725). In literature, this is the time of the appearance of such iconic figures as the short story writer, merchant by birth Ihara Saikaku (1642–1693), who created a gallery of portraits of townspeople (merchants, rakes and courtesans, minor servants), and the poet Matsuo Basho (1644–1644– 1694), one of the creators of the now world-famous genre of haiku tercets. Engravings “ukiyo-e” (lit., “pictures of the transitory world”) appeared in painting. The main themes of the engraving were images of geishas and portraits of kabuki theater actors.

The Tokugawa period saw the heyday of urban printing. Previously, the centers of book printing were Buddhist monasteries, publishing exclusively Confucian classics, Chinese poetry and Buddhist literature. During the campaigns in Korea 1592–1598 The Japanese became acquainted with the technology of movable type. Letters and printing presses were brought to Japan, and in 1601 works of Japanese literature began to be published for the first time using the printing method. Book printing turned out to be a profitable business, but soon, in order to reduce costs, publishers returned to woodblock printing. By 1720, there were about 200 publishing houses in Kyoto alone. In addition to Chinese and Buddhist classics, as well as Japanese classical literature, popular literature began to be published, written in simple language, that is, written in alphabet (Japanese “kana”) with minimal use of hieroglyphs - kana-zoshi literature. It included a wide range of genres - novels, stories about the supernatural, ethical instructions, applied literature (guidebooks, letter books, instructions in the art of the tea ceremony and ikebana).

The political ideals that dominated the country did not always correspond to economic and social reality. Formally, the social status of traders and artisans was considered lower than peasants, but in fact some merchants were richer than princes, and tax rates in cities were significantly lower than in the countryside. However, although the standards of exploitation of peasants were extremely cruel, the overall standard of living during the Tokugawa period increased, as did the country's population - from 15–17 million in 1600 to 31 million 300 thousand in 1721.

At the same time, the territory also increased, including both the Ryukyu Islands (formally remaining under the double vassalage of China and Japan) and territories in the North. The daimyo of Matsumae, a small Japanese principality in southern Hokkaido, who recognized themselves as vassals of the Tokugawa in 1604, received permission from the shogun to develop trade in furs and seafood with the "Kingdom of Ezo", inhabited by Ainu communities. (The Ainu were considered the descendants of the “barbarians” Emishi - the autochthonous population of the Japanese islands, pushed to the far north. Their territory included most of Hokkaido, Sakhalin and the Kuril Islands.) In 1669, a struggle between the Ainu clans began in Hokkaido, which developed into an uprising against Matsumae (called the Sakusainu Rebellion after its leader, 1669–1672). After the suppression of the uprising by the shogunate's troops, the position of the Ainu worsened significantly, although formally only the south of the island continued to submit to the shogunate.

The management system created at the beginning of the era proved its effectiveness and stability, and provided opportunities for economic development, albeit limited. The country's policy throughout the Tokugawa period was determined by the highest representatives of the military class, large landowners, which was natural within the framework of the agrarian society that Japan remained at that time.

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