World History
Japan is credited with coming up with the first constitution known in man’s history. Japan instituted its first constitution in the year 604 by the Prince Shôtoku. The 604 constitution was used to instill morality and law in ancient Japan. During this time, the nation was just beginning to advance in development and national literacy. The constitution is different from the westernized constitution in its approach. The constitution is pointed towards preventing disputes from occurring rather than the normal western approach of resolving disputes.
The constitution was different from other conventional constitution in the sense that it deviates from the normal law as it mainly leans towards religious doctrines and styles of governance. The constitution incorporates these doctrines by stating on the relevant ways of living with regard to social behavior and conduct. The constitution is not specific on the official codes of conduct of its citizens and lacks a detailed prohibition of the crimes. The constitution also emphasizes on the moral codes of conduct of government officials, this is peculiar because most constitutions mainly focus on the general citizens and do not concentrate of government office bearers’ coded and modes of conduct.
The constitution recognizes the various forms of relationships. These are the relationships between a man and his wife, between a master and his subjects, a father or parent and his children and the one between peers. The constitution tries to outline how each is to be conduct for there to be healthy relationship. The constitution also recognizes the existence of God who is the Supreme Being and author of all the morals. The document details that he is to be revered by all men and all his statues followed. The document identifies the existence of a central form of governance and the heretical structure of the various members of state.
The document however, cannot be said to a constitution in accordance with the legal meaning of the term constitution. This is because the document lacks a statute or article that outlines any form of a parliament. However, it represented a document that government the codes of conduct of a whole nation for many years. The constitution also did outlay the concept of a centralized form of governance although in a more moralistic approach.
Prince Shotoku, the one credited with coming up with the first ever constitution was a staunch religious man who followed on the Buddhist beliefs. He was also greatly influenced by the Confucius teachings. This led him to integrate the two in the Japanese constitution. The first constitution thus ended up conforming to the Confucian principles and teachings. The fourth article in the first constitution highlights that those who hold state offices should uphold good behavior and morals as their leading principle. This is because it represents a morally upright government that upholds decorum as its leading principle. The article identifies that the people’s attitude will reflect the state of leadership. Offenses are created whenever the people do not uphold moral behaviors.
The above article is similar to the analects of Confucius that teach on the importance of governing the masses while upholding the moral virtues. Confucius wrote that when a government uses a legal system to govern the multitude while mitigating crime by punishing lawlessness, the masses will end up refraining from committing crime but will not have a personal sense of shame. He continues to teach that in order to instill a sense of morals in the people being governed, it is prudent that the government conducts itself with sobriety as an example and controls them with propriety. This will lead the people into having a sense of morality in them and they will be able to correct themselves. The comparison between the two shows the extent to which the first constitution conforms to the principles of Confucius.
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