In Art. 790 it is stipulated that “a husband and wife are mutually bound to support one another.” A husband manages the property of his wife, unless he is unable to do so, when she manages it herself. “With regard to daily household matters, a wife is regarded as her husband’s agent.”
There are two ways of effecting divorce: either by arrangement, which is effected in a similar way to marriage—that is, by simply having the registration of marriage cancelled—or by judicial divorce, which may be granted on several grounds specified in the Code. But divorce by arrangement cannot be effected by persons under 25 years of age, without consent of the person or persons by whose consent marriage was effected. And if the persons who effect this kind of divorce fail to determine who is to have the custody of the children, they belong to the father; but “in cases where the father leaves the family owing to divorce, the custody of the children belongs to the mother,” evidently because she remains in the family. In other words, children are chattels of the family.
The grounds on which judicial divorce is granted include bigamy, adultery on the part of the wife, the husband’s receiving a criminal sentence for an offence against morality, cruel treatment or grave insult such as to render living together unbearable, desertion with evil intent, cruel treatment or gross insult of or by lineal ascendants.
The new Civil Code indirectly sanctions concubinage by stipulating (in Art. 827) that “an illegitimate child may be recognized by the father or mother” by giving notice to a registrar. Such a child is called shoshi, but is not legitimized. It is, however, stipulated (in Art. 728) that between a wife and a shoshi “the same relationship as that between parent and child is established.” That seems clearly enough to mean that a wife must accept a concubine’s child as if it were her own, in case the father “recognizes” it. This would appear to be little, if any, advance over the old régime, where “the wife of the father,” as she was technically called, frequently had to accept as her own child that of a concubine.
Mr. Gubbins makes the following explanation of shoshi:—
“This term illustrates the transitionary phase through which Japanese law is passing. Japanese dictionaries define shoshi as the child of a concubine, and this, so long as concubinage was sanctioned by law, and the question of legitimacy never arose, was the accepted meaning of the term. The law of Japan, which, in the course of its development on western lines, has come to accept the principle of legitimacy, and to admit of the legitimization of children by the subsequent marriage of their parents, now recognizes an intermediate stage between legitimacy and illegitimacy.”
Such is the general outline of the legal status of woman according to the new Civil Code. It will undoubtedly be most interesting to watch the gradual evolution of a new woman in Japan as the outcome of this legislation. It remains to be seen how far the social status of woman will be improved. It is not at all likely that her actual position will be immediately advanced in any great degree. It is probable that custom will continue, for a while at least, to wield a mightier influence than the Code; and that, as Mr. Gubbins remarks, “the present transitional condition of Japanese society may favor a rule being honored more in the breach than in the observance.” But it will probably not be long before here and there certain women will claim the rights accorded by law[125] and will find a corresponding improvement in their social condition; and thus the general position of the Japanese woman will gradually be advanced.
And, as a matter of fact, the status of woman in Japan is improving in practice no less than in theory, especially in the new openings for work that render her more or less independent of male support. For instance, although the work of weaving, formerly carried on by women in the homes, is now largely transferred to factories, with modern machinery, there is an increasing demand for female hands. This is also true in cotton mills, match factories, tobacco shops, and many other such places of work. Telephone exchanges, post-offices, railway ticket offices, printing offices, also find girls and women deft and skilful. In hospitals and schools, too, the Japanese young woman is finding her sphere. She is likewise showing her skill and taste in both artistic and literary employments. But in Japan, as elsewhere, this drift into industrial and other occupations is producing a scarcity of servants for housework.
Just as Kaibara’s “Onna Daigaku” (Great Learning for Women) was the standard for female education under the old régime, so New Japan most appropriately has a “Shin [New] Onna-Daigaku,” by Mr. Fukuzawa, the famous educator and writer. The following summary thereof is from the “Japan Mail”:—
“The ‘Sekai-no-Nihon’ reviews at some length Mr. Fukuzawa’s series of articles entitled ‘Shin Onna-Daigaku,’ which have now appeared in book form. We give in a brief form the gist of the reviewer’s remarks. Mr. Fukuzawa’s object in writing so much on the subject of women’s position in modern times is to endeavor to create a new standard for women. Hitherto the teaching of Kaibara Ekiken’s ‘Onna Daigaku’ has been accepted in all quarters. According to it woman occupies a subordinate position, and must on no account assert her independence or claim equality with man. While showing the untenableness of all such theories, Mr. Fukuzawa does not rush to an opposite extreme. He defines woman’s position in a remarkably common-sense way. He would not have women attempt to imitate men. They have their own spheres and should keep to them. When discussing the education of girls he insists on the necessity of making a special point of giving them a thorough drilling in household duties. They should have a knowledge of cooking; they should be taught how to make the most of money, how to manage servants, &c. Next to these things he attaches great importance to their being instructed in the laws of health. Among other subjects botany is to be recommended as specially suited to the female mind. He further argues that women should be taught Economy and Law. He thinks that a knowledge of these subjects will tend to develop their general intelligence, and save them from becoming the creatures of emotion. In olden times a woman carried a dagger in her girdle to be used as a last resource. In modern times a thoroughly enlightened mind will be her best protection against the dangers to which she is exposed. With the tendency to conceit which is said to be engendered by the kind of education recommended, Mr. Fukuzawa deals in his treatise, arguing that this tendency can be rendered harmless by instruction in the kind of demeanor that best becomes a woman.... Marriage according to the old methods Mr. Fukuzawa condemns, and the practice of having the father-in-law or mother-in-law living with the married couple should, he thinks, be discontinued. Marriage should be regarded in a serious light, and the duties and responsibilities it involves should be duly considered. Mothers should take pleasure in instructing their children, and should know enough to gain their respect. The whole system recommended is based on Western life and thought. This new Gospel for woman preached by a man who has spent his whole life in advocating reform, as one of his last messages to the nation, is, says the ‘Sekai-no-Nihon,’ very striking and likely to effect great good.”[126]