Monday, Apr. 22, 1935

Organ Theory (Cont'd)

Currently the red-hot poker of Japanese politics is the "organ theory" of Japan's No. 1 Constitutional lawyer Dr. Tatsukichi Minobe. Quietly taught from Dr. Minobe's two standard textbooks in Japanese universities for 30 years, this constitutional concept was suddenly spotted two months ago by outraged Japanese jingoes (TIME, March 18). Not exactly contradicting the official legend that the Emperor of Japan is descended from the Sun Goddess, Dr. Minobe's works soberly refer to the Son of Heaven as "an organ of the Nation." What is more important, Dr. Minobe has steadfastly opposed the bullying of Japanese politicians by the Army and Navy, even advised the Government that the Cabinet can constitutionally overrule the General Staffs. To revenge themselves, the patriots dug out Dr. Minobe's "organ theory" and charged him with lese-majeste against the Emperor. They formed the Organ Theory Destruction League and warned Dr. Minobe they would destroy him unless he recanted. This he refused to do.

Last week the Japanese Government formulated what it considered a satisfactory definition of the Emperor's place in Japan: "The Japanese doctrine of placing the imperial family at the centre of the national structure is based on the 3,000-year-old faith and conviction of the Japanese people that the prerogatives of the Emperor--that is, the State--are omnipotent and supreme."

Government politicians did not want to sacrifice Dr. Minobe, who had only said what they all privately believed, but they did not dare officially deny the official legend that the Emperor is "a super-individual divine human being." Though they declined to charge Dr. Minobe with lese-majeste, the Cabinet did order the Home Minister to suppress Dr. Minobe's two textbooks, Essentials of Constitutional Law and A Course in Constitutional Law.

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