Abstract

:This paper rethinks the article of religious freedom of the Meiji Constitution of 1889 and calls into question the liberalist paradigm employed to understand the Constitution and modern Japanese history. In this liberalist framework, the Constitution manifests the peculiar and authoritarian nature of the pre-war Japanese state. In particular, the 28th article, which provides for the conditional freedom of religious belief, is seen as no more than a cover for social control by the state. This paper examines the histories of the ideas of religion and freedom, and the religious freedom article, and argues that the most appropriate task is not to measure how much religious freedom the Meiji Constitution failed to guarantee against a de-historicised liberalism, but rather to consider the function of the very inclusion of religious freedom in the Constitution. I argue that the inclusion of religious freedom as a generic type of liberty in the Meiji Constitution was instrumental in the creation of the private modern individual as a subject-citizen. It is through this private individual citizen that the modern state as a public, secular authority was created.

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