Article 733 declares that a child through his birth becomes ipso jure a member of that family to which his father belongs. Article 735 of the Civil Code of Japan makes an exception to the rule that a child enters the family of his father, for illegitimate children, even though recognized by the putative father, will not be permitted to become members of his family when the house-head refuses to give his consent. The second paragraph of the same article provides that an illegitimate child who is not permitted to enter the family of the father enters its mother's family. The third paragraph provides that when an illegitimate child is unable to enter into its mother's family then that child establishes a family of its own. Similarly the third paragraph of Article 733 provides that a child whose father as well as the mother is unknown establishes a house of its own. Japan is patriarchal and there is no one who is not a member of some family. If a child cannot enter its father's or mother's family, then an independent family is necessarily created, for there is no man or woman without a "house" in the sense that word is used in the family law of Japan.

We may say that there are three different kinds of marriages in Japan, though, viewed as a contract by which the relation of husband and wife is created, all the three forms of marriage have precisely the same legal effect. The difference in the legal effect of the three forms of marriage lies in the relation created by marriage between the house-head and the bride or the bride-groom. Suppose that a girl is herself the house-head of a family and her marriage takes place according to that form which is called the incoming-husband's marriage. In that case, the husband enters into the wife's family, and he would himself become the house-head of her family, except when the parties on entering into marriage have made a clear declaration of their intention that the wife shall continue to be the house-head of her family (Article 736 of the Civil Code).

Article 837 of the Civil Code of Japan provides that a person who has arrived at the age of majority, which is twenty years, may adopt another as his or her child. Article 839 provides that a person who has in his own family a son who is his presumptive heir shall not be allowed to adopt a male as his son, except in case the object of adoption is to make the adopted son the husband of his daughter. If A, the house-head, has a son B who according to law is the presumptive heir, he shall not be allowed to adopt a male as his son, except

when the object of adoption is to make the adopted son the husband of M or N who are his daughters. If a man has no son but daughters only, then he may adopt a male to become the husband of either one of his daughters. Such marriages are called "adoption-andmarriage." We therefore see that the husband not only acquires his wife's family membership in that form of marriage which is called the incoming-husband's marriage, but also in case of adoptionand-marriage. It is these circumstances that have given some foreigners the impression that in Japan a husband acquired the status of a member of the wife's family. These, however, are exceptional forms of marriages. In the greater majority of the cases of marriage in Japan, as elsewhere, the "man taketh a wife unto himself." Article 788 of the Civil Code of Japan which deals with the effect of marriage declares in the first paragraph that a wife by marriage enters into the family of her husband, but the second paragraph of the same article proceeds to declare that in case of marriage by way of incoming-husband as well as in case of adoption-and-marriage, the husband enters into the family of his wife. The second paragraph, of course, is the proviso dealing with special cases as distinguished from the more general cases provided for in the first paragraph.

This much digression from the subject of my address has been found necessary in order to make the provisions of the Law of Nationality of 1873 intelligible to you. I have already stated that that law provided that a Japanese woman marrying a foreigner loses her Japanese nationality. The same law not only provided that a foreign woman who marries a Japanese subject acquires Japanese nationality, but that a foreigner who becomes the incoming-husband of a Japanese woman or has been adopted as a son by a Japanese to become the husband of a daughter shall acquire Japanese nationality. To the extent of determining the nationality of a Japanese woman who marries a foreigner, of a foreign woman who becomes the wife of a Japanese, and of a foreign man who becomes the so-called incoming-husband of a Japanese woman, or becomes an adopted son of a Japanese through marriage, the law of 1873 clearly enunciated the juridical conceptions of the Japanese people on the subject of nationality. Now the question remains as to what the general law of Japan relating to nationality was at that time or prior to 1873.

In my address delivered before the Canadian Bar Association in 1918, I quoted remarks of Baron Hozumi2 from his highly instructive work entitled "Ancestor Worship and Japanese Law" in which that learned jurist describes the fundamental principle of the Japanese Government as theocratico-patriarchal-constitutionalism. He maintains that the Government is theocratic because "the Emperor holds the sovereign power not as his own inherent right but as an inheritance from his divine ancestor." As "the Emperor rules over the country as the supreme head of the vast family of the Japanese nation," he maintains the Government is patriarchal. In a country where a nation is regarded as one vast family composed of smaller families, the conception of sovereignty and allegiance as the bond subsisting between the sovereign and the people is even more personal than in those countries of Europe where laws are based on what you call "the Civil Law." The Anglo-American conception of the relation between the sovereign and the subject or citizen is geographic. A person born in England was always regarded as an Englishman. On the continent of Europe that idea was never adopted, as a matter of general principle. The Japanese law which was the product of a patriarchal form of society naturally regarded a child born of Japanese parentage, wherever born, as a Japanese subject. Similarly a child born in Japan of foreign parentage was regarded as of foreign nationality and followed that of its father. If the child was illegitimate and not recognized by the father, and the mother was a Japanese, the child followed the mother's nationality.

Therefore the provision of the Japanese Law of Nationality of 1873 and the more complete law of 1899 did not materially change the fundamental principles of the Japanese law of nationality. Those enactments only made clearer the application of the immemorial usage to certain specific cases resulting from the advent of foreigners in Japan. I wish it to be understood that whenever I name an article of law without designating the law itself, I am referring to an article contained in the Law of Nationality enacted in 1899. Article I provides that a child whose father is a Japanese at 1 See Publication No. 16, Division of Intercourse and]Education, Carnegie Endowment for International Peace, November, 1918.

Baron Hozumi was the rédacteur en chef of the Japanese Law of Nationality of 1899 and of the amendments thereto of 1916 when they were drafted and discussed in the Japanese Codification Commission. Professor Saburo Yamada, now dean of the law faculty of the Imperial University at Tokyo was the assistant drafter.

the time of his or her birth is a Japanese, and that in the case the father died before the child's birth but was a Japanese at the time of his death, then the child is a Japanese. Article 2 provides that even in the case where at the time of the child's birth his or her father had lost Japanese nationality, the child would still be a Japanese if the cause of the loss of Japanese nationality was divorce from his wife or cessation of the relation of adopted father and son and if at the time of the conception of the child the father had Japanese nationality. The only cases in which the principle of territorial sovereignty is applied in that law are those provided for in Article 4. In cases where both father and mother are unknown and the child was born in Japanese territory, as well as in cases where both the father and mother have no nationality, the Japanese law regards the child born within Japanese territory as a Japanese subject. Article 5 provides the following cases of the acquisition of Japanese nationality by foreigners:

1. When a foreign woman has become the wife of a Japanese subject.

2. When a foreign man has become the incoming-husband of a Japanese woman who is a house-head.

3. When a child has been recognized by the father or the mother who has Japanese nationality.

4. When a foreigner has become an adopted son of a Japanese subject.

5. When a foreigner has been naturalized as a Japanese subject.

In this connection the provision of Article 19 of the law of nationality is interesting. That article provides that a person who has acquired Japanese nationality by marriage or by adoption into a Japanese family shall not lose his acquired nationality even though there is subsequent divorce or cessation of adoption, except in cases where such person re-acquires foreign nationality.

NATURALIZATION

The first paragraph of Article 7 of the law of nationality provides that foreigners may be naturalized with the permission of the Minister of State for Home Affairs; and the second paragraph enumerates the conditions the absence of any one of which should prevent the

Minister of State for Home Affairs from granting naturalization to an alien. The conditions are as follows:

1. That the applicant for naturalization shall have had domicile in Japan for a continuous period of not less than five years.

2. That he shall be at least twenty years of age and that he shall be under no disability according to the law of his nationality.

3. That he shall be of good moral conduct.

4. That he shall have property or be possessed of necessary skill or learning in some trade or profession that would enable him to earn an independent living.

5. That he shall either be without any nationality or that the laws of his nationality should provide for the loss of his nationality upon acquisition by him of Japanese nationality.

The foregoing are the conditions which apply equally to a man or a woman, but Article 8 provides that the wife of a foreigner shall not be permitted to be naturalized except when she is naturalized together with her husband. Articles 9, 10 and 11 make the conditions for naturalization easier in case of a foreigner whose father or mother was a Japanese, or who has married a Japanese woman, or was born in Japan, or has resided in Japan for a period of more than ten years, and also in case of a foreigner who has rendered special meritorious service to the Empire of Japan.

Article 13 provides that the wife of a person who acquires Japanese nationality also acquires the same except in cases where according to the law of the wife's nationality her allegiance is not changed by the acquisition of a new nationality by her husband. Article 14. provides that in case the wife does not acquire Japanese nationality. in consequence of the provisions of Article 13, she may be naturalized herself even though she may not satisfy all the five conditions set out in Article 7. Article 15 provides that children of a foreigner who acquires Japanese nationality shall, in the absence of contrary provision in the law of their own country become Japanese together with the father or mother, as the case may be, provided that such children are minors according to the law of their nationality.

I have already stated that the basis of Japanese social structure