Carl Friedrich Hermann Roesler (18 December 1834 – 2 December 1894) was a German
legal scholar
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
,
economist
An economist is a professional and practitioner in the social sciences, social science discipline of economics.
The individual may also study, develop, and apply theories and concepts from economics and write about economic policy. Within this ...
, and
foreign advisor to the
Meiji period
The is an era of Japanese history that extended from October 23, 1868 to July 30, 1912.
The Meiji era was the first half of the Empire of Japan, when the Japanese people moved from being an isolated feudal society at risk of colonization ...
Empire of Japan
The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent fo ...
.
Biography
Early life
Life in Japan
In 1878, Roesler was invited by the
government of Japan
The Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, c ...
to serve as an advisor on
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
to the
Foreign Ministry In many countries, the Ministry of Foreign Affairs is the government department responsible for the state's diplomacy, bilateral, and multilateral relations affairs as well as for providing support for a country's citizens who are abroad. The entit ...
. One compelling reason for his choice to move to Japan was due to his conversion to
Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
ism in 1878, Roesler faced dismissal from service in
Mecklenburg
Mecklenburg (; nds, label=Low German, Mękel(n)borg ) is a historical region in northern Germany comprising the western and larger part of the federal-state Mecklenburg-Western Pomerania. The largest cities of the region are Rostock, Schwerin ...
due to his religion. A timely meeting with Japanese ambassador to Germany,
Aoki Shūzō
Viscount 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). He studi ...
introduced Roesler to a new opportunity, and Roesler became one of several legal experts from Germany and
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
working on development of the Japanese legal system.
In 1884, Roesler became an adviser to the Japanese
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
. As the request of
Itō Hirobumi
was a Japanese politician and statesman who served as the first Prime Minister of Japan. He was also a leading member of the ''genrō'', a group of senior statesmen that dictated Japanese policy during the Meiji era.
A London-educated samur ...
Roesler assisted
Inoue Kowashi
Viscount Inoue Kowashi was a Japanese statesman of the Meiji period.
Biography Early life
Inoue was born into a '' samurai'' family in Higo Province (present-day Kumamoto Prefecture), as the third son of ''Karō'' Iida Gongobei. In 1866 ...
and took an influential role in the preparation of the draft of the Japanese
Commercial Code and the
Constitution of the Empire of Japan
The Constitution of the Empire of Japan ( Kyūjitai: ; Shinjitai: , ), known informally as the Meiji Constitution (, ''Meiji Kenpō''), was the constitution of the Empire of Japan which was proclaimed on February 11, 1889, and remained in ...
.
From the time of the
Iwakura mission
The Iwakura Mission or Iwakura Embassy (, ''Iwakura Shisetsudan'') was a Japanese diplomatic voyage to the United States and Europe conducted between 1871 and 1873 by leading statesmen and scholars of the Meiji period. It was not the only such m ...
, 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
Lorenz von Stein (18 November 1815 – 23 September 1890) was a German economist, sociologist, and public administration scholar from Eckernförde. As an advisor to Meiji period Japan, his liberal political views influenced the wording of the C ...
and
Rudolf von Gneist
Heinrich Rudolf Hermann Friedrich von Gneist (13 August 1816 – 22 July 1895) was a German jurist and politician. Born in Berlin, he was the son of a judge attached to the city's ''Kammergericht'' (Court of Appeal). Gneist made significant infl ...
and the organization of Prussian government designed by
Albert Mosse. Roesler expanded on these theories, by recommending a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
in which the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
was
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
, but not constrained by the
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
, 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 is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
was with the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
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
Bolzano ( or ; german: Bozen, (formerly ); bar, Bozn; lld, Balsan or ) is the capital city of the province of South Tyrol in northern Italy. With a population of 108,245, Bolzano is also by far the largest city in South Tyrol and the third la ...
, then part of
Austria-Hungary
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
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 Roeslerin the Allgemeine Deutsche Biographie
References
* Losano, Mario G.:''Berichte aus Japan, 1879-1880'' (Reports from Japan, 1879-1880. Milano: Ed. Unicopli 1984.
* Rauscher, Anton: ''Die soziale Rechtsidee und die Überwindung des wirtschaftsliberalen Denkens: Hermann Roesler und sein Beitrag zum Verständnis von Wirtschaft und Gesellschaft'' (The idea of social law and the overcoming of liberal economic thought. Hermann Roesler und his contribution to the understanding of economy and society). München: Schoeningh 1969.
* Siemes, Johannes: ''Hermann Roesler und die Einführung des deutschen Staatsrechts in Japan'' (Hermann Roesler and the introduction of German constitutional law in Japan. Tokyo 1962.
** ''Hermann Roesler and the making of the Meiji State: an examination of his background and his influence on the founders of modern Japan''. Berlin: Duncker & Humblot 1968.
* Suzuki Yasuzô: ''Hermann Roesler und die japanische Verfassung'' (Hermann Roesler and the Japanese constitution). Tokyo: Sophia University 1941.
{{DEFAULTSORT:Roesler, Hermann
19th-century German people
German economists
Jurists from Bavaria
People of the German Empire
German expatriates in Japan
Foreign advisors to the government in Meiji-period Japan
German expatriates in Austria
People from Lauf an der Pegnitz
1834 births
1894 deaths