17 Article Constitution
17 Article Constitution
17 Article Constitution
The Seventeen-Article
Constitution
of ShotokuTaishi(604AD.)
HIRAMATSU Tsuyoshi'
I. Introduction
ha;ve been three Constitutionsin Japan, so far, The firstone is the
There
Seventeen-ArticleConstitutionof Shotoku [taishi(hereafterrefered to only as the
Constitution)of 604 A.D,, It was written by Prince Shotoku, who had been greatly
impressed by the ideas of Buddhism, which had justbeen introduced to Japan.
He intended, through the proclamation of the Constitution,to expound upon the
doctrineof moralily for public servants and t・o persuade oMcials and baronialfamilies
to exert themselves on behalf of the public, This corresponds simply to the public
service act of today's statutes. But it isthe law code which is often quoted to explain
the t・raditionalbehavior of Japanese people and the author believes it deserves to
be taken up now for discussion,
Prince Shotoku believedin Buddhism which was introduced in Japan in 538
A.D. and to maintain his beliefs, he defeated the head of a'powerfu1 clan who
stood against its introduction. In 594 he took the ofice of Regent tg''the Emperor
Suiko and issued a decree which helped Buddhism fiourish.In 604 he issu5d the
Constitution, Aspects of Chinese and Korean culture were introduced in Japan
together with Buddhism. Many Buddhist temples and Buddhist statues were built
and at the same time various ideas and opinions were being shaped, such as the
fundamental idea for the establishment of a, state. The fundamental ideas which
support the Constitutioncan be considered to be: Buddhism, Confucianisrn,and
Legalism, Buddhism is concerned with salvation from the hardships of life,which
include the suffering brought about by old age, illnessand death.
' Professor, Doctor of Law, Kwansei Gakuin University.
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Legalism is the ideology imported from China. It articulted the means to govern
the state t・hrough orders and regulations.
It was intended that through the enactment of the C()nstitution, the fundamental
principles for the ruling of government would be established. But in practice the
position of the Emperor was quite insecure as the powerfu1 families, related to him
by marriage threatened the position of the Ernperor.
After the death of Prince Shotoku at the age of 49, his son Ya,mashirono-Oeno-Ou
was involved in a power struggle over succession and was beaten by powerful rival
families. He reportedly said that if he had raised an army against t・hem, he could
have gained a, victory, but he did not wish to mobilize the farmers for his own
lnterests.
The most・ famous phrase in this Constitutionwould be the sentence ot' article 1:
Value Wa(solidarity or cooperation), and try to adapt to comiiiunity life,avoiding
conflict, Men are motivated by selfinterest. Few behave with fairriess and
objectivity. Hence' they disobey superiors and maint・ain feuds with neighbors.
When men of high and low discussmatters cooperatively and construct・ively,
things will proceed spontaneously by themselves to reason.
Considering the background of those days, it is a myst・ery why such phrase was
inserted in the Constitution,It was the time of an absolute monarchy and Prince
Shotoku was the ruler who was responsible for governing, At that time the position of
the Emperor was being challenged by the powerful clans. Persuading people to decide
matters by consensus under such circumst・ances would not be to his advantage. In
fact・, it is thought that this had put his leadershipin more danger, Another strange
fact coiicerning `tWa"
is that we canit find a corresponding idea,in Buddhism c)r in
Cenfucianismus. Therefore it was not somet,hing imported from China or India. It is
another mystery to discern whe.rc he ha,clcome up with such an idea. Consequently
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The Seventeen-Article
Constitutionof Shotoku TaishiC604 AD.) - 111
we are obliged to draw the inference that this idea could have been the traditlonal
decision-makingmethod of the Japanese people from that era. This method is still
used today. In Japan this sentence has been understood in conjunction with the
followingsentence `tmen
should try to adapt to coimnunity lifeand avoid conflict・s",
It has been often quoted to explain the group-oriented behavior of the Japanese in
contrast with Europeans who act individual}y and use truth or just・ice as the criteria
person weuld bear the responsibility for the decision.The reasons fbr this and other
recently made unwise decisions, become obvious after their failure.The failurecould
also be attributed to the decision-making process, Accordingly it is very important
to elucidate the meaning of this art・icle.
Here it is explained that・when people act thinking only of immediat・e profits and
their own selfinterests, the interests of the comrnunity are not served, Thus men
should think a great deal about the "Wa" of the people. It is not clear what was
intended by It is possible to consider its meaning or truth, hence
"Wa",
as reason
In Europe and America the Bible is truth, For example, there is a famous phrase
in the Bible, "[Eb him that smiteth thee oii the one cheek offer also the other;'(Luke
6: 29 and Matthew 5: 39). It・is the wisdorn of God that human beings can not・
understand his wisdom, But human beings are given reason from God and the reason
is interpreted as the mental capacity t・oknow God's will. Huma,n beings who have
the ability to know God's will are subject to a moral code of their own initiative.
In Europe where majorit・y rule has been accepted, t・he goal is t・o decide matters
by the, truth, But since the t・rut,hcannot be realized by hurnans, rnajority rule, is
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it was irriportantto also respect the minority opinion. Consequently t・he idea of
"volont6
g6n6rale" as the goal of legislation
has come into existence, It was in the
best interests of the community and of intellectualst・o take a broad and timeless
view of matters. 1]hesematters are regarded today as justice
and at the same time,
as the ob,jects of legislation.
Under such a perspective the concept of
`CWa",
interpreted as respect for consensus
distortedfbr the sake of the ruling class during the age of feudalism, When we
interprete to t・he Constitution,it means that we should not settle
"Wa"
according
Sincerelyhold the three treasures in esteeml they. are the Buddha, the law and
t/hepriesthood, which are the finali'efuge of all beings and the supreme objects
of faithin all countries. All sorts of people livingin all ages have esteemed this
law, There a,re a few people who are extrernely evil, They wiil followwheii
t・hey, are reasoned with, If we do not rely upen the three treasures, how shall
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Prince Shotoku was greatly impressed by the philosophy and ideas contained in
Buddhism and decided to use t・hem as the basisof a moral code for oficials and as
In administering justice,
judgesshould rise above selfinterests and try cases
impart・ially,
Thousands of cases are brought to trial in a day, to say nothing
by the stone. Hence the poor do not knew where to turn. It is also brought
about by a lack in the vocational ethics of oMcials,
sake. There are neither two soverelgns, nor two Emperors, The people of the
country should regard t・he Emperor as their only lord. The officials appointed
by the government are all subjects of the Emperor, How may they presume t・o
levy taxes from people privately ln addition to othcial taxes?
Article 7 meiitions the instructions for rulers. Government e,xists for the public
'
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welfare. Thus a ruler should cultivate his mind to control his emotions. ' Iistent・o
other people's advice, and not be driven by selfishness nor act selfirighteously.
Each person has a duty to perfdrm. He should do his part and not breach the
regulations of his oMce. When wise men and sages are entrusted with public
oMce, there arises a voice of pra,ise,but from the wicked, disastersare multiplied.
In this world there are few who are endowed with inborn wisdom. Sainthood
is attained after long selfdiscipline. All matters of great or
state, whether
small, whether critical or pea,cefu1,will be peacefu11y settled when the wise hold
sway. Then the state can be lastingand free frorn dangers. Thereforethe wise
sovereign seeks good men for high ofices, and not good oMces for favoredmen.
In addition, Articles 10, 14 and 17 of this Constitutionstate the importance of
2. Significance
of t・he Seveiiteen-ArticleConstitution:
The new interpretation of t・he
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The Seventeeii-Article
Constitution
of Shoteku feishi(604
AD.) 115
basis.Janson
interprets the thought of as the thought of solidarity has a
"Wa"
which
no
Janson cited the eorresponding sentences from the Bibleand argued the thought of
solidarity is one of the centraJ themes in Christianity,
In the Sermon on the Mount in the New [[kestament, "All
things therefbre whatsoever
ye would that men should do unto you, even so do ye also unto them: for this
is the law of the prophets".(Matthew, 7: 12). Janson explains that after this
sentence(according to Janson,this sentence is generally ommitted), it is written that
for one's existence and happiness, and fbr fu11filing
one's religious obligations, too, it
is enough to do good to others. Thus, in Christianity mutual respect and support
Then shall the King say unto his right hand, Come, ye blessed of my
them on
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Verily I say unto you, Inasmuch as ye did it・not unto one of these least,you
did it not unto me, And these shall go away into eterna} punishrrient:but the
righteous int・oet・ernal life
with the love of one's neighbor and solidarity, which is activated by Christianity as
a fundamental proposition for people, As a human being has social a;wareness, one
can realize - through the experience of mutual assistance - the fundamental equality
of human beings,
We can conclude, perhaps, that the ultimate aim fbr drawing up constitutional la;w
exists as the basisof social solidarity,
Appendix
Art・icle
2: Sincerelyhold three teasures in they are the Buddha, the law
esteem,
and the priesthood, which are the final refuge of all beings and t・he supreme objects
of fa,ith in all countries, All sorts of people livingin all ages have esteemed this
law. There are a few people who are extremely evil, They will followwhen they
are reasoned with. If we do not, rely upon the three treasures, how shall we touch
thelr hearts to make them see clearly?
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principle of ruling consists primarily of propriety. When superiors lack propriety, the
people will be disorderly. When people lack propriety, they will commit misdeeds.
When oflicials observe propriety, the organization will functionsmoot・hly, when people
observe propriety, the public order will be rnaintained and state affairs will be
administered to without any special effort.
of years. Lately it is alleged that judges who adjudicate cases pass judgements
looking after their own interestsand hear cases depending on the amount of bribes.
Article6: It is the teachings unchanged since old times to punish vice and encourage
good. So one should not conceal good conduct from the public, whereas one should
never failto rectify vice when one happens to see it. One who flatters or deceives
would be compared to a snake in one's bosom which in the long run ruins a nation
and people. One who plabrsup to or fawns upon one's superior habituallyto refer
to faultsof a subordinate, and before a subordinate slanders the superior. Such
kinds of people lack in fidelity to the Emperor and in benevolence to the people,
and result in the source of rebellion.
Article7: Each person has a duty to perform. He should do his part and not breach
the regulations of his oMce. When wise men and sages are entrusted with public
ofice, there arises a voice of praise, but from the wicked, disasters are multiplied,
In this world there are few who are endowed with inborn wisdorn. Sainthood is
attained a,fter long selfdiscipline, All matters of state, whether great or s'mall,
whether crit・ical or peacefu1, will be peacefully settled when the wise hold sway.
Then the state can be lastingand freefrom dangers. Therefbre the wise sovereign
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seeks good men for high offices, and not good offices for favored men,
Article8: Ministersand oMcials should go to the ofice ea,rly in the morning and
leave the oMce late. As government affairs are important and need carefu1 attention,
they are not completely disposedby the end of the day, Accordingly,when officials
come to work late,they do not・ serve urgent needs, when they retire from the oMce
Article10: Refrain from anger and do not appear angry. Do not resent conflicts of
opinions. Every person has his own ideas. Do not force one's ideas on others, If
they are wrong, then we may be right, If they are right, then we macy be wrong.
We are not absolutely wise and they are not absolutely foolish.Both of us are
nothing but men. No one is wise enough to judge which of us is good, The wise
and the foolish change places likea ring which has no end, When others Iose their
temper, Iet us dread our own faults,and though we may be sure that we are right,
let us iron out our differences of opinion and work together.
Article 11: Judge one's merits and faults fairly,and mete out justice
without fail.
Lately men do not award prizes fbr achievements and do not laorblame for crimes.
regard the Emperor as their only lord, the oficials appointed by the government
are all subjects of the Emperor, How may they presume to levy taxes from people
prlvately in addition to oficial taxes?
Article13: Oficialswho pursue government service should be acquainted with the
duties of their colleagues in their oMce, One might sometimes be absent from work
due to illnessor a tour of duty, If one knows the dutiesof an absent oficial, one
can perform his duties without any diMculty, The absence of the official in cha,rge
others in turn will envy your success and so a vicious circle is perpetuateid. If we
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find others exceed iis in wisdom, we are not pleased, if we find they surpass us
in ability, we become envious. But, truly wise men seldom appear in this world;
perhaps there is one wise man every fivecenturies a,nd maybe one sa,ge every ten
centuries. Without・securing wise men and sages, how shall t・hecountry be governed
in good order?
Article 15: It is a principle of the community to work for the public good and
disregardprivate interest・s,
If one pursues private interests,then grudges will grow
against others, and when a grudge grows against others, it will be dificult to work
cooperat・ively with others. When one can not cooperate with others, the exercise
of pubic duties ca,n not be carried out. Thus
pursuing private interests leads to
breaking the rules and laws, Accordingly, people from all social standing should
Article16: It is a good teaching unchanged since old times that one should wait
for a favorableseason to call farmers into public undertakings, Winter is the
agriculural offseason and they are not busy, so one should mobilize farmers for public
undertakings. From Spring until Autumn isthe,period fbr agriculture and one should
not mobilize farmers,Without agriculture, how can we provide food or clothes?
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