Establishing Children’s Legal Rights: Children, Family, and the State in Taiwan under Japanese Colonial Rule (1895–1945)
party. Children could not engage in formal politics before 1945
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Bog'liqEstablishing Children’s Legal
party. Children could not engage in formal politics before 1945. 56. In Japan, minors were not allowed to smoke (Minors Smoking Prohibition Law, 1900) or to drink (Minors Drinking Prohibition Law, 1922). These two laws took effect in Taiwan in 1938 as well. 57. Pei-Ying Wang, “Ri Zhi Shi Qi Taiwan ‘Bu Liang Shao Nian’ De Dan Sheng” [The birth of juvenile delin- quency in colonial Taiwan] (MA thesis, National Tsing Hua University, 2010), 1, 55. 58. The term syounen was introduced to Taiwan as part of the phrase furyou syounene (the Japanese term lit- erally means juvenile delinquents). The colonial Japanese law enforcement in Taiwan saw Taiwanese juve- nile delinquency through ethnocentric perspectives, which meant that the delinquency problem was rooted in Taiwanese culture. Juvenile delinquents in Taiwan were therefore natural products of their environment. Pei-Ying Wang, “Shan Yu E De Bian Yuan: Bu Liang Shao Nian De Dan Sheng” [Between good and evil: The birth of bad youth] in Kan Bu Jian De Zhi Min Bian Yuan: Ri Zhi Taiwan Bian Yuan Shi Du Ben [Invi- sible colonial marginals: Reader for marginal people in colonial Taiwan], ed. Jungwon Jin (Taipei, Taiwan: Yu shan she, 2012), 107. For the advent of female adolescents appeared later in Japan, see Erika Imada, “Sh ¯ ojo” No Shakaishi [A social history of female adolescence] (Tokyo, Japan: Keis¯o Shob¯o, 2007). 59. The Imperial Diet of Japan enacted the 1900 Reformatory Act one year after the establishment of the Chi- cago juvenile court. When establishing its juvenile correction system, the Diet referred to the model of the Chicago juvenile court, which was developed for children prone to committing misdemeanors. Akira Mor- ita, “Juvenile Justice in Japan: A Historical and Cross-cultural Perspective,” in A Century of Juvenile Jus- tice, eds. M. K. Rosenheim, F. E. Zimring, D. S. Tanenhaus, and B. Dohrn (Chicago, IL: University of Chicago Press, 2002), 362. 60. Ibid. 61. The Taiwan Prison Law (Ritsurei No. 10, declared by the Emperor of Japan) conformed to Japan’s 1908 Prison Act. 62. Article 24 of the Enforcement Regulations of the Taiwan Prison Law. 63. Article 86 of the Enforcement Regulations of the Taiwan Prison Law. 310 Journal of Family History 44(3) 64. Namely, younger children should stay away out of prison. Article 103 of the Enforcement Regulations of the Taiwan Prison Law. 65. The Taisho Juvenile Law targeted children under the age of eighteen (Article 1). Children who “committed a crime” or “have high potential to commit a crime” (semicriminal offenders) were subject to regulations of this act. 66. Morita, “Juvenile Justice in Japan,” 364. 67. The office had jurisdiction over matters of investigation, disposition, and treatment; ibid., 364–65. 68. Wang, “Shan Yu E De Bian Yuan: Bu Liang Shao Nian De Dan Sheng,” 108–110. 69. Yen-Chi Liu, “Er Bu Gu, Bi You Lin: Ri Zhi Shi Qi Taiwan Gu Er Bao Hu De Fa Lu Shi” [Legal history of orphans in colonial Taiwan], in Ri Ben Zhi Min Tong Zhi Xia De Di Ceng She Hui: Taiwan Yu Chao Zian [The underprivileged in Taiwan and Korea under Japanese colonial rule], ed. Jungwon Jin (Taipei, Taiwan: Institute of Taiwan History, Academia Sinica, 2018), 429–33. 70. Ibid. 71. Established by a Buddhist group in 1909, the reformatory school was originally a private institution for youth but was converted into a public reformatory school in 1922 under the GGT’s supervision. Yen- Chi Liu, “Cong Jiu Xu Dao ‘Shehui Shiye’: Taiwan Jindai Shehui Fuli Zhidu Zhi Jianli” [From relief to social welfare: The establishment of a social welfare system in colonial Taiwan] (MA thesis, National Tai- wan University, 2005), 93, 116. 72. Wang, “Ri Zhi Shi Qi Taiwan ‘Bu Liang Shao Nian’ De Dan Sheng”, 102. 73. Both the Great Qing Code and the Japanese Criminal Code criminalized gambling. However, local Qing governments did not rigorously punish people who gambled. Gambling had long been popular in imperial China, and Taiwan was no exception. Yet, in the colonial period, the police in Taiwan strictly enforced the ban on gambling. As a result, a popular practice became a serious crime; and since it was so popular among Taiwanese people, it was cultural. Taiwanese youth born in this culture (indulging in gambling) were auto- matically potential criminals. Accordingly, juveniles who often gambled should—according to the colonial mind-set—undergo an education that gives them a sense of repentance. It is interesting to note that, accord- ing to statistics compiled in the 1920s in mainland Japan, gambling ranked top among Japanese crimes (these statistics did not include colonies). Wang, “Shan Yu E De Bian Yuan: Bu Liang Shao Nian De Dan Sheng,” 112–113. Ibid., 105–112, 114–115. 74. Wang, “Ri Zhi Shi Qi Taiwan ‘Bu Liang Shao Nian’ De Dan Sheng”, 117, 120–121. 75. Ibid., 118. 76. Wang, “Shan Yu E De Bian Yuan: Bu Liang Shao Nian De Dan Sheng,” 118–119. 77. In 1899, the GGT promulgated an ordinance for relieving poor Taiwanese people. Dependent children under the age of thirteen were included in the ordinance. See Liu, “Er Bu Gu, Bi You Lin: Ri Zhi Shi Qi Taiwan Gu Er Bao Hu De Fa Lu Shi,” 427. 78. Ibid., 431–33. 79. Yoshifusa Kinebuchi, Taiwan Shakai Jigy ¯ oshi [A history of Taiwanese social work] (Taihokush¯u Shichi- seigun Naikosh¯o: Tokuy¯ukai, 1940), 1119; see also Gaimusho, Nihon T ¯ ochika Goj ¯ unen No Taiwan [Tai- wan: Fifty years under Japanese rule] (J¯oyakukyoku H¯okika, 1964), 304–312. For a discussion about “shakai jigyou” (or shakai jigy¯o), see Mutsuko Takahashi, The Emergence of a Welfare Society in Japan (Aldershot, England: Avebury, 1997), 37–38. 80. In 1942, the system spread island-wide, covering 244 districts in Taiwan; see Liu, “Cong Jiu Xu Dao ‘She- hui Shiye’,” 140–141. 81. The Taiwan Social Work Association was a government-affiliated organization established in 1928. Its work centered on managing island-wide social programs, gathering information and conducting research, and promoting policies and services. Ibid., 125. 82. Shiyung Liu, “Differential Mortality in Colonial Taiwan,” Annales de D ´ emographie Historique, no. 107 (2004): 238–39. 83. Liu, “Cong Jiu Xu Dao ‘Shehui Shiye’,” 128–29. Liu 311 84. Takayuki Namae, “Jidou Hogo (Mikan)” [Child protection (continued)], in Shakai Jigyou No Tomo [Friends of Social Work], no. 33 (1931): 98. 85. Ibid. It is therefore not surprising that Namae supported eugenics and emphasized prenatal health care to avoid infants’ high mortality rates and disability. See also Takayuki Namae, Shakai jigy ¯ o k ¯ oy ¯ o [Outlines of social work] (T¯oky¯o, Japan: Gansh¯od¯o Shoten, 1929), 300–301. 86. Takahashi, The Emergence of Welfare Society in Japan, 35–36. 87. Peter N. Stearns, “Child Labor in the Industrial Revolution,” in The World of Child Labor: An Historical and Regional Survey, ed. H. D. Hindman (Armonk, NY: M. E. Sharpe, 2009), 41. 88. Einosuke Yamanaka, Shin Nihon Kindai H ¯ oron [New modern legal theories in Japan] (Kyoto, Japan: H¯oritsu Bunkasha, 2002), 324. 89. Shao-Li Lu, Shui Luo Xiang Qi: Ri Zhi Shi Qi Taiwan She Hui Se Sheng Huo Zuo Xi [Sirens Wail: Daily lives of Taiwanese under Japanese colonial rule] (Taipei, Taiwan: Yuan liu, 1998), 134–35. “Shuugyo Jikan Seigen”[Prohibiting working hours], in Taiwan Jihou [Taiwan Times], September 1939. 90. Additionally, Japan, as a member of the League of Nations, signed the International Convention for the Suppression of the Traffic in Women and Children in 1925 but claimed that the convention did not apply to its colonies, including Taiwan and Korea. See Shih-Fang Lin, “Jiu Zi Mai Luo Yan Hua Jie: Ri Zhi Shi Qi Taiwan Se Qing Hang Ye Zhong De Fu Nu Ren Shen Mai Mai” [Selling daughters: Daughter traffick- ing for prostitution during the Japanese colonial period in Taiwan], Nu Xue Xue Zhi [Journal of Women’s and Gender Studies], no. 23 (2007): 124. 91. For a short description of wartime mobilization in Japan, see Andrew Gordon, A Modern History of Japan: From Tokugawa Times to the Present (New York: Oxford University Press, 2009), 209–214. 92. Paul H. Kratoska, “Labor Mobilization in Japan and the Japanese Empire,” in Asian Labor in the Wartime Japanese Empire: Unknown Histories, ed. P. H. Kratoska (Armonk, NY: Sharpe, 2005), 19. 93. Ibid. 94. Ibid. Colonies included Taiwan, Korea, Manchuria, Indonesia, and Malaysia. 95. Hui-yu Caroline Tsai, “Total War, Labor Drafts, and Colonial Administration: Wartime Mobilization in Taiwan,” in Asian Labor in the Wartime Japanese Empire: Unknown Histories, ed. P. H. Kratoska (Armonk, NY: Sharpe, 2005), 105–106. 96. Ibid., 112–15. 97. Ibid., 118–20. 98. Shu-Ming Chung, Wanxian de Tiechui: Zao Feiji de Taiwan Shaonian Gong [Airplane maker employs Taiwanese youths], Taiwan Shi Liao Yan Jiu [Taiwan Historical Materials Studies], no. 10 (1997): 118–20. 99. Ibid., 121–22. 100. Ibid., 124. 101. Ibid., 125. 102. Ibid., 126. 103. Ibid., 128. 104. Ibid., 130. Author Biography Yen-Chi Liu received her JSD degree from School of Law at University of California, Berkeley, and is an assistant professor of law at Fu Jen Catholic University in Taiwan. She teaches legal his- tory, social welfare, and civil law. Her research has focused on children, law, and history. Two of her publications include “Legal History of Orphans in Colonial Taiwan” (2018, in Chinese) and “Why Do We Protect Children? Children’s Welfare and an Analysis of History and the Law in Postwar Taiwan” (2016, in Chinese). 312 Journal of Family History 44(3) Download 198.32 Kb. 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