Kokutai in the philosophical and legal tradition of Japan: history and modern interpretation

• Markov S.M.

  Sergey M. Markov. The Far Eastern Branch of the Russian State University of Justice named afte V. M. Lebedev. Khabarovsk. Russia

This article examines the evolution of the concept of kokutai as a central philosophical and legal construct of Japanese ideology in the late 19th and mid-20th centuries, and its transformation into kokumin theory. The research focuses on the concept and principles of kokutai and their philosophical and legal assessment, with particular attention paid to the conceptual analysis of kokka Shinto, or the "great teaching" of State Shinto. The methodology used is hermeneutics and semiotics, the theory of political myth by E. Cassirer, R. Barthes, A.F. Losev, and classical Japanese literature and state and legal documents are used as sources. Formal logical methods (topics, induction, deduction, analogy, analysis and synthesis, abstraction) are also used, which made it possible to identify the features of the state ideology of Shinto and its transformation into the ideology of kokumin. As a result of the research, it was revealed that kokutai and its principles are formed through the synthe-
sis of Shinto mythology, neo-Confucian ethics, and the ancient Japanese traditions of Zen Buddhism, and are further enshrined in the Meiji Constitution, in the political sphere as kokka Shinto, or state Shintoism. The methodology and methods used made it possible to substantiate the thesis that the institutionalization of kokka Shinto occurred through educational programs, the cultivation of the patriotic spirit of the samurai, the cult of the emperor, collective family values, kokugaku, state symbols (chrysanthemum, flag, language, the Shinto temple culture of Ise and Yasukuni). Kokutai places a special emphasis on justifying Japanese militarism and aggressive foreign policy in the 20th century,
using the ideology of the Greater East Asia Co-Prosperity Sphere as an example. The conclusion demonstrates that although the official ideology of kokutai was rejected after World War II, its ethical and cultural foundations continue to shape Japanese identity and national consciousness in the new kokumin theory. Kokutai as a philosophical and legal phenomenon retains relevance not so much in the political as in the cultural and metal sphere, exerting a hidden influence on internal self-awareness and “soft power diplomacy” in the countries of the Asia-Pacific region (APR). The results obtained in the study can be useful and used in the philosophy of law, the theory of law and state, po-
litical science, diplomatic service and as practical recommendations for diplomats and politicians in the Asia-Pacific region.
Keywords: kokutai, kokumin, kokugaku, Japanese identity, State Shinto, mentality, nationalism, Meiji, Hirohito, Japan