Progress impeded: constraints on legal equality in post-Restoration Japan.

Japan's first Western-style criminal law of 1880 is an odd mixture of 'old' and 'new'. The principle of legality ('no punishment without law') is laid out in this code for the first time in the country's legal history, while another mooted principle, legal equality ('everyone has to obey the same law'), is finally omitted. Instead, the law introduces new forms of legal inequality. This paper compares the law with one of its main drafts which still supports the two principles. The paper assesses the impact of the unequal treaties that Japan had signed with the Western powers in the 1850s in this development, and considers the difficulties the Japanese had in comprehending legal principle in relation to the role of the state. [ABSTRACT FROM AUTHOR]