In this paper I would like to focus on the historical aspects of
kokusai kekkon, intermarriage between Japanese and non-Japanese, taking into consideration
The Meiji Zenki Mibunho Taizen (The Great Collection of Family in Early Meiji). As the laws concerning nationality had not been established yet in early Meiji, rather than use categories which divide “nationality” of husband or wife, when analyzing intermarriage, divorce, illegitimacy and adoption patterns, it is advisable to use the following four categories in this period.
(a) A Japanese woman marrying foreign man;
(b) Marriage of a foreign man through adoption by a Japanese woman's family;
(c) A foreign woman marrying a Japanese man;
(d) Marriage of a Japanese man through adoption by a foreign woman's family.
Decree 103, which was established under pressure from the British Council in 1873, greatly resembled the clause in the Napoleonic code that pertained to marriage between French nationals and others. According to the latter, the nationality of the husband takes priority over his wife and consequently determines their child's nationality. This reflected “patriarchalism” or “patriarchy”, which was influential throughout France. However, the concept of nationality was not always the same even among “civilized” countries in those days.
Nevertheless, Decree 103 differed from the Napoleonic code on the point concerning so-in laws. Thus, for example, a foreign man adopted by a Japanese woman's family was required to obtain
bungen, a social position of Japanese.
Bungen was not equal to “nationality” but merely an indication that a person was a member of a Japanese
ie (household).
With the use of four above categories this paper will clarify each type of kokusai kekkon at the dawn of modern Japan.
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