A Comparison of Laws and Punishments of Thailand and Japan

Abstract

This study aims to examine the history, the background, and the evolution of law and punishment in Thailand and Japan by exploring schools of thoughts and theories related to law and punishment. The study is conducted by looking into documents and lectures and by interviewing museum curators. The analysis of information first shows that the evolution of Thai laws has roots in traditions, norms, customs, religions, and royal commands. The important legislation and case are the Tra-Sam-Duang Law (Triple Emblems Law) and the case of Am Dang Pom (Miss Pom). The legal reform in Thailand has been influenced by the civil law system as in the system of France and Germany, whereby Thailand took the laws of other countries, applied them to the original Thai laws, and adapted them to make them up to date. On the other hand, the evolution of laws in Japan has been influenced by Chinese laws. During the Meiji Revolution, Japan adopted knowledge and technology from the West, and the Meiji government primarily drafted modern laws by taking after the European laws, particularly Germany. The most distinct legislation was the criminal law, which was influenced by France and England. After Japan had been defeated in the World War II, however, it became influenced by the U.S. The second finding is that in Thailand punishments have been specified in the Triple Emblems Law, among which were the punishments physically imposed on the offenders, and by Article 18 of the criminal law, where punishments are categorized into five kinds, including capital punishment, imprisonment, confinement, fine, and confiscation of properties. In Japan, punishments include the strict enforcement of the law, the usage of tools in withholding the offenders, and the usage of tools in torturing the offender to induce confession, with the most severe punishment of all being the capital punishment.