Chapter 23

What especially strikes the notice of the Occidental is the slight amount of social intercourse that prevails to-day between men and women. Whenever women enter into the social pleasures of men, they do so as professional singers and dancers, they being mere girls and unmarried young women; this social intercourse is all but invariably accompanied with wine-drinking, even if it does not proceed to further licentiousness. The statement that woman is man's plaything has been often heard in Japan. Confucian no less than Buddhistic ethics must bear the responsibility for putting and keeping woman on so low a level. Concubinage, possibly introduced from China, was certainly sanctioned by the Chinese classics.

The Lei-ki allows an Emperor to have in addition to the Empress three consorts, nine maids of high rank, and twenty-seven maids of lower rank, all of whom rank as wives, and, beside these, eighty-one other females called concubines. Concubinage and polygamy, being thus sanctioned by the classics, became an established custom in Japan.

The explanation for this ideal and practice is not far to seek. It rests in the communal character of the social order. The family was the social unit of Japan. No individual member was of worth except the legal head and representative, the father. A striking proof of the correctness of this explanation is the fact that even the son is obeyed by the father in case he has become "in kio,"[BL] that is, has abdicated; the son then becomes the authoritative head. The ideals regarding woman then were not unique; they were part of the social order, and were determined by the principle of "communalism" unregulated by the principle of "individualism." Ideals respecting man and woman were equally affected. So long as man is not valued as a human being, but solely according to his accidental position in society, woman must be regarded in the same way. She is valued first as a begetter of offspring, second as a domestic. And when such conceptions prevail as to her nature and function in society, defective ideals as to morality in the narrower sense of this term, leading to and justifying concubinage, easy divorce, and general loose morality are necessary consequences.

But this moral or immoral ideal is by no means peculiar to Japan. The peculiarity of Japan and the entire Orient is that the social order that fostered it lasted so long, before forces arose to modify it. But, as will be shown later,[BM] the great problem of human evolution, after securing the advantages of "communalism," and the solidification of the nation, is that of introducing the principle of individualism into the social order. In the Orient the principle of communalism gained such headway as effectually to prevent the introduction of this new principle. There is, in my opinion, no probability that Japan, while maintaining her isolation, would ever have succeeded in making any radical change in her social order; her communalism was too absolute. She needed the introduction of a new stimulus from without. It was providential that this stimulus came from the Anglo-Saxon race, with its pronounced principle of "individualism" wrought out so completely in social order, in literature, and in government. Had Russia or Turkey been the leading influences in starting Japan on her new career, it is more than doubtful whether she would have secured the principles needful for her healthful moral development.

Justice to the actual ideals and life of Old Japan forbids me to leave, without further remark, what was said above regarding the ideals of morality in the narrower significance of this word. Injunctions that women should be absolutely chaste were frequent and stringent. Nothing more could be asked in the line of explicit teaching on this theme. And, furthermore, I am persuaded, after considerable inquiry, that in Old Japan in the interior towns and villages, away from the center of luxury and out of the beaten courses of travel, there was purity of moral life that has hardly been excelled anywhere. I have repeatedly been assured that if a youth of either sex were known to have transgressed the law of chastity, he or she would at once be ostracised; and that such transgressions were, consequently, exceedingly rare. It is certainly a fact that in the vast majority of the interior towns there have never, until recent times, been licensed houses of prostitution. Of late there has been a marked increase of dancing and singing girls, of whom it is commonly said that they are but "secret prostitutes." These may to-day be found in almost every town and village, wherever indeed there is a hotel. Public as well as secret prostitution has enormously increased during the last thirty or forty years.[BN]

Thanks to Mr. Murphy's consecrated energy, the appalling legalized and hopeless slavery under which these two classes of girls exist is at last coming to light. He has shown, by several test cases, that although the national laws are good to look at they are powerless because set aside by local police regulations over which the courts are powerless! In September, 1900, however, in large part due no doubt to the facts made public by him, and backed up by the public press, and such leaders of Japan's progressive elements as Shimada Sabur, the police regulations were modified, and with amazing results. Whereas, previous to that date, the average monthly suicides throughout the land among the public prostitutes were between forty and fifty, during the two months of September and October there were none! In that same period, out of about five thousand prostitutes in the city of Tokyo, 492 had fled from their brothels and declared their intentions of abandoning the "shameful business," as the Japanese laws call it, and in consequence a prominent brothel had been compelled to stop the business! We are only in the first flush of this new reform as these lines are written, so cannot tell what end the whole movement will reach. But the conscience of the nation is beginning to waken on this matter and we are confident it will never tolerate the old slavery of the past, enforced as it was by local laws, local courts, so that girls were always kept in debt, and when they fled were seized and forced back to the brothels in order to pay their debts!

But in contrast to the undoubted ideal of Old Japan in regard to the chastity of women, must be set the equally undoubted fact that the sages have very little to say on the subject of chastity for men. Indeed there is no word in the Japanese language corresponding to our term "chastity" which may be applied equally to men and women. In his volume entitled "Kokoro," Mr. Hearn charges the missionaries with the assertion that there is no word for chastity in Japanese. "This," he says, "is true in the same sense only that we might say that there is no word for chastity in the English language, because such words as honor, virtue, purity, chastity have been adopted into English from other languages."[BO] I doubt if any missionary has made such a statement. His further assertion, that "the word most commonly used applies to both sexes," would have more force, if Mr. Hearn had stated what the word is. His English definition of the term has not enabled me to find the Japanese equivalent, although I have discussed this question with several Japanese. It is their uniform confession that the Japanese language is defective in its terminology on this topic, the word with which one may exhort a woman to be chaste being inapplicable to a man. The assertion of the missionaries has nothing whatever to do with the question as to whether the terms used are pure Japanese or imported Chino-Japanese; nor has it any reference to the fact that the actual language is deficient in abstract terms. It is simply that the term applicable to a woman is not applicable to a man. And this in turn proves sharp contrasts between the ideals regarding the moral duties of men and of women.

An interesting point in the Japanese moral ideal is the fact that the principle of filial obedience was carried to such extremes that even prostitution of virtue at the command of the parents, or for the support of the parents, was not only permitted but, under special conditions, was highly praised. Modern prostitution is rendered possible chiefly through the action of this perverted principle. Although the sale of daughters for immoral purposes is theoretically illegal, yet, in fact, it is of frequent occurrence.

Although concubinage was not directly taught by Confucius, yet it was never forbidden by him, and the leaders and rulers of the land have lent the custom the authority and justification of their example. As we have already seen, the now ruling Emperor has several concubines, and all of his children are the offspring of these concubines. In Old Japan, therefore, there were two separate ideals of morality for the two sexes.

The question may be raised how a social order which required such fidelity on the part of the woman could permit such looseness on the part of the man, whether married or not. How could the same social order produce two moral ideals? The answer is to be found in several facts. First, there is the inherent desire of each husband to be the sole possessor of his wife's affections. As the stronger of the two, he would bring destruction on an unfaithful wife and also on any who dared invade his home. Although the woman doubtless has the same desire to be the sole possessor of her husband's affection, she has not the same power, either to injure a rival or to punish her faithless husband. Furthermore, licentiousness in women has a much more visibly disastrous effect on her procreative functions than equal licentiousness in man. This, too, would serve to beget and maintain different ethical standards for the two sexes. Finally, and perhaps no less effective than the two preceding, is the fact that the general social consciousness held different conceptions in regard to the social positions of man and woman. The one was the owner of the family, the lord and master; to him belonged the freedom to do as he chose. The other was a variety of property, not free in any sense to please herself, but to do only as her lord and master required.

An illustration of the first reason given above came to my knowledge not long since. Rev. John T. Gulick saw in Kanagawa, in 1862, a man going through the streets carrying the bloody heads of a man and a woman which he declared to be those of his wife and her seducer, whom he had caught and killed in the act of adultery. This act of the husband's was in perfect accord with the practices and ideals of the time, and not seldom figures in the romances of Old Japan.

The new Civil Code adopted in 1898 furnishes an authoritative statement of many of the moral ideals of New Japan. For the following summary I am indebted to the _Japan Mail_.[BP] In regard to marriage it is noteworthy that the "prohibited degrees of relationship are the same as those in England"--including the deceased wife's sister. "The minimum age for legal marriage is seventeen in the case of a man and fifteen in the case of a woman, and marriage takes effect on notification to the registrar, being thus a purely civil contract. As to divorce, it is provided that the husband and wife may effect it by mutual consent, and its legal recognition takes the form of an entry by the registrar, no reference being necessary to the judicial authorities. Where mutual consent is not obtained, however, an action for divorce must be brought, and here it appears that the rights of the woman do not receive the same recognition as those of the man. Thus, although adultery committed by the wife constitutes a valid ground of divorce, we do not find that adultery on the husband's part furnishes a plea to the wife. Ill-treatment or gross insult, such as renders living together impracticable, or desertion, constitutes a reason for divorce from the wife's point of view." The English reviewer here adds that "since no treatment can be worse nor any insult grosser than open inconstancy on the part of a husband, it is conceivable that a judge might consider that such conduct renders living together impracticable. But in the presence of an explicit provision with regard to the wife's adultery and in the absence of any such provision with regard to the husband's, we doubt whether any court of law would exercise discretion in favor of the woman." The gross "insult of inconstancy" on the part of the husband is a plea that has never yet been recognized by Japanese society. The reviewer goes on to say: "One cannot help wishing that the peculiar code of morality observed by husbands in this country had received some condemnation at the hands of the framers of the new Code. It is further laid down that a 'person who is judicially divorced or punished because of adultery cannot contract a marriage with the other party to the adultery.' If that extended to the husband it would be an excellent provision, well calculated to correct one of the worst social abuses of this country. Unfortunately, as we have seen, it applies apparently to the case of the wife only." The provision for divorce by "mutual consent" is striking and ominous. It makes divorce a matter of entirely private arrangement, unless one of the parties objects. In a land where women are so docile, is it likely that the wife would refuse to consent to divorce when her lord and master requests or commands her to leave his home? "There are not many women in Japan who could refuse to become a party to the 'mutual consent' arrangement if they were convinced that they had lost their husband's affection and that he could not live comfortably with them." It would appear that nothing whatever is said by the Code with reference to concubinage, either allowing or forbidding it. Presumably a man may have but one legitimate wife, and children by concubines must be registered as illegitimate. Nothing, however, on this point seems to be stated, although provision is made for the public acknowledgment of illegitimate children. "Thus, a father can acknowledge a natural child, making what is called a 'shoshi,' and if, subsequent to acknowledgment, the father and mother marry, the 'shoshi,' acquires the status of a legitimate child, such status reckoning back, apparently to the time of birth." Evidently, this provision rests on the implication that the mother is an unmarried woman--presumably a concubine.

Recent statistics throw a rather lurid light on these provisions of the Code. The Imperial Cabinet for some years past has published in French and Japanese a résumé of national statistics. Those bearing on marriage and divorce, in the volume published in 1897, may well be given at this point.

MARRIAGES DIVORCES LEGITIMATE BIRTHS ILLEGITIMATE 1890 325,141 109,088 1,079,121 66,253 1891 325,651 112,411 1,033,653 64,122 1892 349,489 133,498 1,134,665 72,369 1893 358,398 116,775 1,105,119 73,677 1894 361,319 114,436 1,132,897 76,407 1895 365,633 110,838 1,166,254 80,168 1897 395,207 124,075 1,335,125 89,996[BQ]

These authoritative statistics show how divorce is a regular part of the Japanese family system, one out of three marriages proving abortive.

Morally Japan's weak spot is the relation of the sexes, both before and after marriage. Strict monogamy, with the equality of duties of husband and wife, is the remedy for the disease.

This slight sketch of the provision of the new Code as it bears on the purity of the home, and on the development of noble manhood and womanhood, shows that the Code is very defective. It practically recognizes and legalizes the present corrupt practices of society, and makes no effort to establish higher ideals. Whether anything more should be expected of a Code drawn up under the present circumstances is, of course, an open question. But the Code reveals the astonishingly low condition of the moral standards for the home, one of the vital weaknesses of New Japan. The defectiveness of the new Code in regard to the matters just considered must be argued, however, not from the failure to embody Occidental moral standards, but rather from the failure to recognize the actual nature of the social order of New Japan. While the Code recognizes the principle of individualism and individual rights and worth in all other matters, in regard to the home, the most important social unit in the body politic, the Code legalizes and perpetuates the old pre-Meiji standards. Individualism in the general social order demands its consistent recognition in every part.

We cannot conclude our discussion of Japanese ideas as to woman, and the consequent results to morality, without referring to the great changes which are to-day taking place. Although the new Civil Code has not done all that we could ask, we would not ignore what it has secured. Says Prof. Gubbins in the excellent introduction to his translation of the Codes:

"In no respect has modern progress in Japan made greater strides than in the improvement of the position of woman. Though she still labors under certain disabilities, a woman can now become a head of a family, and exercise authority as such; she can inherit and own property and manage it herself; she can exercise parental authority; if single, or a widow, she can adopt; she is one of the parties to adoption effected by her husband, and her consent, in addition to that of her husband, is necessary to the adoption of her child by another person; she can act as guardian, or curator, and she has a voice in family councils." In all these points the Code marks a great advance, and reveals by contrast the legally helpless condition of woman prior to 1898. But in certain respects practice is preceding theory. We would call special attention to the exalted position and honor publicly accorded to the Empress. On more than one historic occasion she has appeared at the Emperor's side, a thing unknown in Old Japan. The Imperial Silver Wedding (1892) was a great event, unprecedented in the annals of the Orient. Commemorative postage stamps were struck off which were first used on the auspicious day.

The wedding of the Prince Imperial (in May, 1900) was also an event of unique importance in Japanese social and moral history. Never before, in the 2600 years claimed by her historians, has an heir to the throne been honored by a public wedding. The ceremony was prepared _de novo_ for the occasion and the pledges were mutual. In the reception that followed, the Imperial bride stood beside her Imperial husband. On this occasion, too, commemorative postage stamps were issued and first used on the auspicious day; the entire land was brilliantly decorated with flags and lanterns. Countless congratulatory meetings were held throughout the country and thousands of gifts, letters, and telegraphic messages expressed the joy and good will of the people.

But the chief significance of these events is the new and exalted position accorded to woman and to marriage by the highest personages of the land. It is said by some that the ruling Emperor will be the last to have concubines. However that may be, woman has already attained a rank and marriage an honor unknown in any former age in Japan, and still quite unknown in any Oriental land save Japan.

A serious study of Japanese morality should not fail to notice the respective parts taken by Buddhism and Confucianism. The contrast is so marked. While Confucianism devoted its energies to the inculcation of proper conduct, to morality as contrasted to religion, Buddhism devoted its energies to the development of a cultus, paying little attention to morality. A recent Japanese critic of Buddhism remarks that "though Buddhism has a name in the world for the excellence of its ethical system, yet there exists no treatise in Japanese which sets forth the distinctive features of Buddhist ethics." Buddhist literature is chiefly occupied with mythology, metaphysics, and eschatology, ethical precepts being interwoven incidentally. The critic just quoted states that the pressing need of the times is that Buddhist ethics should be disentangled from Buddhist mythology. The great moralists of Japan have been Confucianists. Distinctively Japanese morality has derived its impulse from Confucian classics. A new spirit, however, is abroad among the Buddhist priesthood. Their preaching is increasingly ethical. The common people are saying that the sermons heard in certain temples are identical with those of Christians. How widely this imitation of Christian preaching has spread I cannot say; but that Christianity has in any degree been imitated is significant, both ethically and sociologically.

Buddhism is not alone, however, in imitating Christianity. A few years ago Dr. D.C. Greene attended the preaching services of a modern Shinto sect, the "Ten-Ri-Kyo," the Heaven-Reason-Teaching, and was surprised to hear almost literal quotations from the "Sermon on the Mount"; the source of the sentiment and doctrine was not stated and very likely was not known to the speaker. Dr. Greene, who has given this sect considerable study, is satisfied that the insistence of its teachers on moral conduct is general and genuine. When I visited their headquarters, not far from Nara, in 1895, and inquired of one of the priests as to the chief points of importance in their teaching, I was told that the necessity of leading an honorable and correct life was most emphasized. There are reasons for thinking that the Kurozumi sect of Shintoism, with its emphasis on morality, is considerably indebted to Christianity both for its origin and its doctrine.

It is evident that Christianity is having an influence in Japan, far beyond the ranks of its professed believers. It is proving a stimulus to the older faiths, stirring them up to an earnestness in moral teaching that they never knew in the olden times. It is interesting to note that this widespread emphasis on ethical truth comes at a time when morality is suffering a wide collapse.

An important point for the sociological student of Japanese moral ideals is the fact that her moralists have directed their attention chiefly to the conduct of the rulers. The ideal of conduct as stated by them is for a samurai. If any action is praised, it is said that it becomes a samurai; if condemned, it is on the ground that it is not becoming to a samurai. Anything wrong or vulgar is said to be what you might expect of the common man. All the terms of the higher morality, such as righteousness, duty, benevolence, are expounded from the standpoint of a samurai, that is, from the standpoint of loyalty. The forty-seven ronin were pronounced "righteous samurai" because they avenged the death of their lord, even though in doing so they committed deeds that, by themselves, would have been condemned. Japanese history and literature proclaim the same ideal. They are exclusively concerned with the deeds of the higher class, the court and the samurai. The actual condition of the common people in ancient times is a matter not easily determined. The morality of the common people was more a matter of unreasoning custom than of theory and instruction. But these facts are susceptible of interpretation if we remember that the interest of the historian and the moralist was not in humanity, as such, but in the external features of the social order. Their gaze was on the favored few, on the nobility, the court, and the samurai.