Japan's Early Experience of Contract Management in the Treaty Ports

by Honjo,Yuki Allyson

• ISBN13: 9781903350089
• ISBN10: 1903350085
• Format: Hardcover
• Copyright: 2003-10-22
• Publisher: RoutledgeCurzon

Summary

This is the first in-depth study of the early trial-and-error experiences of contracting between Japanese and western merchants trading in the Japanese Treaty Ports in the 18 year period immediately following the opening of the ports in 1859. Fundamental to the equation were the inevitable east-west cultural and legal ambiguities that impacted on the traders. The learning curve for both westerners and Japanese regarding the nature and application of western contracting law was predictably difficult, tortuous and open to constant misunderstanding. Nevertheless, it was within such a framework that the principal benchmarks for trade with Japan were set down and which, in essence, have lasted to the present day.

Table of Contents

Acknowledgements	ix
Introduction	xi
The Tokugawa Legacy	1	(24)
Treaty Ports: Boundaries and Borders	25	(27)
Reaching Agreement: The Mechanics of Promise and Payment	52	(19)
Description of Cases	71	(21)
The Avenues of Legal Redress	92	(23)
In Pursuit of a Bargain	115	(34)
Promise, Agreement and Contract: Ito Hachibei vs. Walsh, Hall & Co.	149	(30)
Towards Implications and Theory	179	(19)
Conclusion: The Republic of Commerce	198	(8)
Notes	206	(17)
Select Bibliography	223	(11)
Index	234