Peace Preservation Law
Encyclopedia
The Public Security Preservation Laws were a series of laws enacted during the Empire of Japan
. Collectively, the laws were designed to suppress political dissent
.
. It was the most drastic of the several laws enacted after 1875 to contain political opposition to the Meiji oligarchy
. It imposed stringent restrictions on the press, public speeches and political meetings. Article Four of the Law authorized the chief of the Tokyo Metropolitan Police, with the approval of the Home Minister
, to banish from Tokyo
for three years anyone who was found to be inciting disturbances or scheming to disrupt public order within 7.5 miles of the Imperial Palace
. Within three days of the law’s promulgation, 570 people prominent in the Freedom and People's Rights Movement (including future Tokyo governor Ozaki Yukio) were arrested and expelled. The Law was repealed in 1898, but was soon replaced by the more stringent Public Order & Police Law of 1900.
Yamagata Aritomo
specifically against the organized labor movements. In addition to restrictions on freedom of speech
, assembly and association, it also specifically prohibited workers from organizing and going on strike. A provision banning women from political associations was deleted in 1922.
The provisions forbidding workers to organize and go on strike were deleted in 1926, although identical provisions were immediately added in an amendment to the Public Security Preservation Law of 1925.
However, as with the previous Public Safety Preservation Law of 1894, the Public Order and Police Law of 1900 was used to suppress political dissent. In 1920, professor Morito Tatsuo of Tokyo Imperial University was prosecuted for publishing an article critical of the anarchist
Peter Kropotkin
(in which Morito discussed anarchist ideas). Morito spent three months in jail on charges of treason
. His case set a precedent
in Japanese law
that effectively criminalized the discussion of ideas. The government's clampdown on dissent further intensified after the 1921 assassination of Prime Minister Hara Takashi
.
The Public Order and Police Law of 1900 was supplemented by the Public Seciruty Preservation Law of 1925. It remained in effect until the end of World War II
, when it was repealed by the American occupation authorities
.
, specifically against socialism
, Communism
, and anarchism
. It was one of the most significant laws of pre-war Japan.
The main force behind the law was Minister of Justice
(and future Prime Minister) Hiranuma Kiichiro, although a strict law to control the activities of leftist radicals had wide support in the Diet
and widespread popular support.
By using the highly vague and subjective term kokutai, the law attempted to blend politics and ethics, but the result was that any political opposition could be branded as “altering the kokutai”. Thus the government had carte blanche to outlaw any form of dissent.
Renewed activity by underground Japan Communist Party in 1928 led to the March 15 Incident
, in which police arrested more than 1,600 Communists and suspected Communists under the provisions of the Public Safety Preservation Law of 1925. The same year, the highly anti-Communist government of Tanaka Giichi
pushed through an amendment to the law, raising the maximum penalty from ten years to death.
A “Thought Police
” section, named the Tokkō
, was formed within the Home Ministry, with branches all over Japan and in overseas locations with high concentrations of Japanese subjects to monitor activity by socialists and Communists. A Student Section was also established under the Ministry of Education to monitor university professors and students. Within the Ministry of Justice, special “Thought Prosecutors” (shiso kenji) were appointed to suppress “thought criminals”, either through punishment or through “conversion” back to orthodoxy via reeducation
.
In the 1930s, with Japan's increasing militarism
and totalitarianism
, dissent was tolerated less and less. In early February 1941, the Security Preservation Law of 1925 was completely re-written. Terms for people suspected of Communist sympathies became more severe, and for the first time religious organizations were included in the purview of the Thought Police. In addition, the appeals court for thought crimes was abolished, and the Ministry of Justice given the right to appoint defense attorneys in cases of thought crime. The new provisions became effective on 15 May 1941.
From 1925 through 1945, over 70,000 people were arrested under the provisions of the Public Security Preservation Law of 1925, but only about 10% reached trial, and the death penalty was only imposed on two offenders, spy Richard Sorge
and his informant Ozaki Hotsumi. The Public Safety Preservation Law of 1925 was repealed after the end of World War II
by the American occupation authorities
.
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
. Collectively, the laws were designed to suppress political dissent
Political dissent
Political dissent refers to any expression designed to convey dissatisfaction with or opposition to the policies of a governing body. Such expression may take forms from vocal disagreement to civil disobedience to the use of violence. Historically, repressive governments have sought to punish...
.
the Safety Preservation Law of 1894
The was an Imperial Ordinance issued on 25 December 1894, intended to suppress the Freedom and People's Rights MovementFreedom and People's Rights Movement
The was a Japanese political and social movement for democracy in 1880s....
. It was the most drastic of the several laws enacted after 1875 to contain political opposition to the Meiji oligarchy
Meiji oligarchy
The Meiji oligarchy was the name used to describe the new ruling class of Meiji period Japan. In Japanese, the Meiji oligarchy is called the ....
. It imposed stringent restrictions on the press, public speeches and political meetings. Article Four of the Law authorized the chief of the Tokyo Metropolitan Police, with the approval of the Home Minister
Home Ministry (Japan)
The ' was a Cabinet-level ministry established under the Meiji Constitution that managed the internal affairs of Empire of Japan from 1873-1947...
, to banish from Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
for three years anyone who was found to be inciting disturbances or scheming to disrupt public order within 7.5 miles of the Imperial Palace
Kokyo
is the main residence of the Emperor of Japan. It is a large park-like area located in the Chiyoda area of Tokyo close to Tokyo Station and contains several buildings including the main palace , the emperor left Kyoto Imperial Palace for Tokyo...
. Within three days of the law’s promulgation, 570 people prominent in the Freedom and People's Rights Movement (including future Tokyo governor Ozaki Yukio) were arrested and expelled. The Law was repealed in 1898, but was soon replaced by the more stringent Public Order & Police Law of 1900.
The Public Order and Police Law of 1900
The was issued by the administration of Prime MinisterPrime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
Yamagata Aritomo
Yamagata Aritomo
Field Marshal Prince , also known as Yamagata Kyōsuke, was a field marshal in the Imperial Japanese Army and twice Prime Minister of Japan. He is considered one of the architects of the military and political foundations of early modern Japan. Yamagata Aritomo can be seen as the father of Japanese...
specifically against the organized labor movements. In addition to restrictions on freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, assembly and association, it also specifically prohibited workers from organizing and going on strike. A provision banning women from political associations was deleted in 1922.
The provisions forbidding workers to organize and go on strike were deleted in 1926, although identical provisions were immediately added in an amendment to the Public Security Preservation Law of 1925.
However, as with the previous Public Safety Preservation Law of 1894, the Public Order and Police Law of 1900 was used to suppress political dissent. In 1920, professor Morito Tatsuo of Tokyo Imperial University was prosecuted for publishing an article critical of the anarchist
Anarchism
Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary, and harmful, or alternatively as opposing authority in the conduct of human relations...
Peter Kropotkin
Peter Kropotkin
Prince Pyotr Alexeyevich Kropotkin was a Russian zoologist, evolutionary theorist, philosopher, economist, geographer, author and one of the world's foremost anarcho-communists. Kropotkin advocated a communist society free from central government and based on voluntary associations between...
(in which Morito discussed anarchist ideas). Morito spent three months in jail on charges of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. His case set a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in Japanese law
Japanese law
-Historical Developments:Pre-Modern History The early law of Japan was heavily influenced by Chinese law. Little is known about Japanese law prior to the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were transplanted and adopted by the Japanese, the...
that effectively criminalized the discussion of ideas. The government's clampdown on dissent further intensified after the 1921 assassination of Prime Minister Hara Takashi
Hara Takashi
was a Japanese politician and the 19th Prime Minister of Japan from 29 September 1918 to 4 November 1921. He was also called Hara Kei informally. He was the first commoner appointed to the office of prime minister of Japan...
.
The Public Order and Police Law of 1900 was supplemented by the Public Seciruty Preservation Law of 1925. It remained in effect until the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, when it was repealed by the American occupation authorities
Supreme Commander of the Allied Powers
Supreme Commander of the Allied Powers was the title held by General Douglas MacArthur during the Occupation of Japan following World War II...
.
The Public Security Preservation Law of 1925
The was enacted on 12 May 1925, under the administration of Kato TakaakiKato Takaaki
Count was a Japanese politician and the 24th Prime Minister of Japan from 11 June 1924 to 28 January 1926. He was also known as Katō Kōmei.- Early life :...
, specifically against socialism
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
, Communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
, and anarchism
Anarchism
Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary, and harmful, or alternatively as opposing authority in the conduct of human relations...
. It was one of the most significant laws of pre-war Japan.
The main force behind the law was Minister of Justice
Ministry of Justice (Japan)
The is one of Ministries of the Japanese government.-Meiji Constitution:The Ministry of Justice was established under the Constitution of the Empire of Japan in 1871 as the .-Constitution of Japan:...
(and future Prime Minister) Hiranuma Kiichiro, although a strict law to control the activities of leftist radicals had wide support in the Diet
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
and widespread popular support.
Anyone who has formed an association with altering the kokutaiKokutaiKokutai is a politically loaded word in the Japanese language, translatable as "sovereign", "national identity; national essence; national character" or "national polity; body politic; national entity; basis for the Emperor's sovereignty; Japanese constitution". "Sovereign" is perhaps the most...
, or the system of private property, and anyone who has joined such an association with full knowledge of its object, shall be liable to imprisonment with or without hard labour, for a term not exceeding ten years.
By using the highly vague and subjective term kokutai, the law attempted to blend politics and ethics, but the result was that any political opposition could be branded as “altering the kokutai”. Thus the government had carte blanche to outlaw any form of dissent.
Renewed activity by underground Japan Communist Party in 1928 led to the March 15 Incident
March 15 incident
was a crackdown on socialists and communists by the Japanese government in 1928. Among those who were arrested in the incident was Marxist economist Kawakami Hajime.-Background:...
, in which police arrested more than 1,600 Communists and suspected Communists under the provisions of the Public Safety Preservation Law of 1925. The same year, the highly anti-Communist government of Tanaka Giichi
Tanaka Giichi
Baron was a general in the Imperial Japanese Army, politician, and the 26th Prime Minister of Japan from 20 April 1927 to 2 July 1929.-Early life and military career:...
pushed through an amendment to the law, raising the maximum penalty from ten years to death.
A “Thought Police
Thought Police
The Thought Police is the secret police of Oceania in George Orwell's dystopian novel Nineteen Eighty-Four.It is the job of the Thought Police to uncover and punish thoughtcrime and thought-criminals, using psychology and omnipresent surveillance from telescreens to monitor, search, find and kill...
” section, named the Tokkō
Tokkō
Tokkō is a Japanese abbreviation which may refer to;* In the context of World War II Japan:** Tokkō , short for Tokubetsu Kōgekitai , a military unit known for conducting kamikaze attacks...
, was formed within the Home Ministry, with branches all over Japan and in overseas locations with high concentrations of Japanese subjects to monitor activity by socialists and Communists. A Student Section was also established under the Ministry of Education to monitor university professors and students. Within the Ministry of Justice, special “Thought Prosecutors” (shiso kenji) were appointed to suppress “thought criminals”, either through punishment or through “conversion” back to orthodoxy via reeducation
Reeducation
Reeducation may refer to:* A euphemism for Brainwashing, efforts aimed at instilling certain beliefs in people against their will* Reeducation through labor, also called laojiao, a form of penal detention in China; or the Soviet gulags for "re-education of class enemies" and reintegrating them...
.
In the 1930s, with Japan's increasing militarism
Militarism
Militarism is defined as: the belief or desire of a government or people that a country should maintain a strong military capability and be prepared to use it aggressively to defend or promote national interests....
and totalitarianism
Totalitarianism
Totalitarianism is a political system where the state recognizes no limits to its authority and strives to regulate every aspect of public and private life wherever feasible...
, dissent was tolerated less and less. In early February 1941, the Security Preservation Law of 1925 was completely re-written. Terms for people suspected of Communist sympathies became more severe, and for the first time religious organizations were included in the purview of the Thought Police. In addition, the appeals court for thought crimes was abolished, and the Ministry of Justice given the right to appoint defense attorneys in cases of thought crime. The new provisions became effective on 15 May 1941.
From 1925 through 1945, over 70,000 people were arrested under the provisions of the Public Security Preservation Law of 1925, but only about 10% reached trial, and the death penalty was only imposed on two offenders, spy Richard Sorge
Richard Sorge
Richard Sorge was a German communist and spy who worked for the Soviet Union. He has gained great fame among espionage enthusiasts for his intelligence gathering during World War II. He worked as a journalist in both Germany and Japan, where he was imprisoned for spying and eventually hanged....
and his informant Ozaki Hotsumi. The Public Safety Preservation Law of 1925 was repealed after the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
by the American occupation authorities
Supreme Commander of the Allied Powers
Supreme Commander of the Allied Powers was the title held by General Douglas MacArthur during the Occupation of Japan following World War II...
.