Hermann Roesler
Encyclopedia
Karl Friedrich Hermann Roesler (18 December 1834 – 2 December 1894) was a German
legal scholar, economist
, and foreign advisor
to the Meiji period
Empire of Japan
.
to the Foreign Ministry
. One compelling reason for his choice to move to Japan was due to his conversion to Roman Catholicism in 1878, Roesler faced dismissal from service in Mecklenburg
due to his religion. A timely meeting with Japanese ambassador to Germany, Aoki Shūzō
introduced Roesler to a new opportunity, and Roesler became one of several legal experts from Germany and France
working on development of the Japanese legal system.
In 1884, Roesler became an adviser to the Japanese Cabinet
. As the request of Itō Hirobumi
Roesler assisted Inoue Kowashi
and took an influential role in the preparation of the draft of the Japanese Commercial Code
and the Constitution of the Empire of Japan
.
From the time of the Iwakura mission
, the Japanese ruling oligarchy
had evaluated the various forms of government extant in Europe and America and were most impressed by the Austro-Germano-Prussian model, based on theories by Lorenz von Stein
and Rudolf von Gneist and the organization of Prussian government designed by Albert Mosse
. Roesler expanded on these theories, by recommending a constitutional monarchy
in which the monarch
was head of state
, but not constrained by the legislature
, whose primary responsibility was to provide advice and consent to the Emperor's rule, and not to govern the country or to promulgate laws. Moreover, sovereignty
was with the Emperor and not with the people.
Roesler remained in Japan until 1893. While in Japan, relationship with the German legation in Japan and his socialization with the German expatriate community was almost non-existent.
After leaving Japan, Roesler and his family moved to Bolzano, then part of Austria-Hungary
where he died shortly after.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
legal scholar, economist
Economist
An economist is a professional in the social science discipline of economics. The individual may also study, develop, and apply theories and concepts from economics and write about economic policy...
, and foreign advisor
O-yatoi gaikokujin
The Foreign government advisors in Meiji Japan, known in Japanese as oyatoi gaikokujin , were those foreign advisors hired by the Japanese government for their specialized knowledge to assist in the modernization of Japan at the end of the Bakufu and during the Meiji era. The term is sometimes...
to the Meiji period
Meiji period
The , also known as the Meiji era, is a Japanese era which extended from September 1868 through July 1912. This period represents the first half of the Empire of Japan.- Meiji Restoration and the emperor :...
Empire of Japan
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
.
Life in Japan
In 1878, Roesler was invited by the government of Japan to serve as an advisor on international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
to the Foreign Ministry
Ministry of Foreign Affairs (Japan)
The is a cabinet level ministry of Japan responsible for the country's foreign relations.The ministry is due to the second term of the third article of the National Government Organization Act , and the Ministry of Foreign Affairs Establishment Act establishes the ministry...
. One compelling reason for his choice to move to Japan was due to his conversion to Roman Catholicism in 1878, Roesler faced dismissal from service in Mecklenburg
Mecklenburg
Mecklenburg is a historical region in northern Germany comprising the western and larger part of the federal-state Mecklenburg-Vorpommern...
due to his religion. A timely meeting with Japanese ambassador to Germany, Aoki Shūzō
Aoki Shuzo
was a diplomat and Foreign Minister in Meiji period Japan.-Biography:Viscount Aoki was born to a samurai family as son of the Chōshū domain's physician in what is now part of Sanyō Onoda in Yamaguchi Prefecture)...
introduced Roesler to a new opportunity, and Roesler became one of several legal experts from Germany and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
working on development of the Japanese legal system.
In 1884, Roesler became an adviser to the Japanese Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. As the request of Itō Hirobumi
Ito Hirobumi
Prince was a samurai of Chōshū domain, Japanese statesman, four time Prime Minister of Japan , genrō and Resident-General of Korea. Itō was assassinated by An Jung-geun, a Korean nationalist who was against the annexation of Korea by the Japanese Empire...
Roesler assisted Inoue Kowashi
Inoue Kowashi
Viscount was a statesman in Meiji period Japan.- Early life :Inoue was born into a samurai family in Higo Province , as the third son of Karō Iida Gongobei. In 1866 Kowashi was adopted by Inoue Shigesaburō, another retainer of the Nagaoka daimyō...
and took an influential role in the preparation of the draft of the Japanese Commercial Code
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
and the Constitution of the Empire of Japan
Meiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
.
From the time of the Iwakura mission
Iwakura mission
The Iwakura Mission or Iwakura Embassy was a Japanese diplomatic journey around the world, initiated in 1871 by the oligarchs of the Meiji period. Although it was not the only such "mission", it is the most well-known and possibly most important for the modernization of Japan after a long period...
, the Japanese ruling oligarchy
Meiji oligarchy
The Meiji oligarchy was the name used to describe the new ruling class of Meiji period Japan. In Japanese, the Meiji oligarchy is called the ....
had evaluated the various forms of government extant in Europe and America and were most impressed by the Austro-Germano-Prussian model, based on theories by Lorenz von Stein
Lorenz von Stein
Lorenz von Stein was a German economist, sociologist, and public administration scholar from Eckernförde. As an advisor to Meiji period Japan, his conservative political views influenced the wording of the Constitution of the Empire of Japan.- Biography :Stein was born in the seaside town of Borby...
and Rudolf von Gneist and the organization of Prussian government designed by Albert Mosse
Albert Mosse
Isaac Albert Mosse was a German judge and legal scholar. Mosse's importance lies in the working out of Japan's Meiji Constitution and his continuation of Litthauer's Comments on the German Commercial Code.-Biography:...
. Roesler expanded on these theories, by recommending a constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
in which the monarch
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
was head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, but not constrained by the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, whose primary responsibility was to provide advice and consent to the Emperor's rule, and not to govern the country or to promulgate laws. Moreover, sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
was with the Emperor and not with the people.
Roesler remained in Japan until 1893. While in Japan, relationship with the German legation in Japan and his socialization with the German expatriate community was almost non-existent.
After leaving Japan, Roesler and his family moved to Bolzano, then part of Austria-Hungary
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
where he died shortly after.
Works
- Lehrbuch des Deutschen Verwaltungsrechts (Textbook of Administrative Law). Erlangen: Deichert 1872 f.
- Die deutsche Nation und das Preußenthum (The German Nation and Prussianity). Zürich: Schmidt 1893.
External links
- Article on Roesler in the Allgemeine Deutsche Biographie