Originally posted by johan smits
you say that the rights of Sugino's students to call what they are doing Katori Shinto ryu are limited to whatever Iizasa chooses to recognize them to be. Any other considerations are irrelevant.
I think it is not as simple as that. Are ryu protected in any way by international law? Are they trademarked or whatever? . . .
A debate like this may point to the fact that ryu have not adapted to modern times. If they had they would have made arrangements to protect themselves by law.
Of course bugei koryu haven't adapted to modern times. The very existence of koryu bugei is about the preservation of feudal artifacts. It's silly--and hypocritical--to applaud the survival of an educational system developed by and for a ruling class of feudal warriors, and at the same time sneer at it for not being modern.
International law isn't worth the paper it takes to print out the phrase, in terms of actual protection of the sort of rights we're talking about here. Among other problems, trademark law is about money. For organizations like the Katori Shinto-ryu to obtain and enforce some kind of international trademark, they would have to prove financial harm. And inasmuch as most are not profit-making or even profit-oriented enterprises, that would be next-to-impossible to do. Otake's position that he doesn't wish to establish branch schools overseas would make it even more difficult, as he couldn't claim loss of income through competition when he's already made it clear that he doesn't wish to compete in that market.
A few years ago the Maniwa Nenryu ran into trouble with a sake brewery that trademarked their name out from under them. The ryuha lost its first court challenge on this; I haven't heard if anything has been resolved since then. Obviously this (completely unrelated) corporation's seizure of the school's name was perfectly legal, but I'm hard-pressed to agree that it was morally right. Right, justice and law are too often different things.
Not so long ago, bugei ryuha defended their "property rights" with duels and challenges. Today they have to depend on the integrity of those interested in them. Most koryu still require students to sign oaths pledging to obey the school's rules and the wishes of the headmaster. Such oaths usually invite divine punishment on those who violate them. But beyond this, there isn't much the schools can do to enforce their rules in the case of outsiders or former insiders who simply refuse to respect them.
you can't be part of the large world and expect all people to behave as you would want them to.
Sadly that's true. Honor and integrity become rarer commodities by the day. It would be nice to think that there are still substantial numbers of people around for whom "so what, there's no way you can stop me" isn't a full and sufficient answer to the challenge, "what you're doing is wrong." And it would be particularly nice to think that people who devote time and effort to the study of arcane bits of the feudal past would bring to these studies a profound respect for the traditions and their ethical responsibilities to them. But I'm old and cynical enough to know that that's not always the way things are.
Most koryu have never asked to be "part of the large world," and in fact do their best to avoid this. Frankly, I'm baffled by the position (often advanced in forums like this one) that a ryuha headmaster doesn't necessarily have the right to make the rules regarding his school's name and arts. If someone doesn't care about issues like authority and lineage, what possible value can attaching him/herself to the name of some particular koryu be to him/her? Why not just make up a new name of his/her own for what he/she is teaching? And if someone does care about being part of a lineage and tradition, how can he/she not the rules and wishes of the ryuha headmaster?
Every unauthorized use of a ryuha name simply reinforces the desirability of restricting instruction in these arts to small numbers of people who can be trusted. Every argument against the proprietary rights of a school simply works against the advisability of opening up opportunities for instruction. And ultimately all this just makes it harder for anyone--especially foreigners--to gain access to these teachings.
Karl Friday
Dept. of History
University of Georgia
Athens, GA 30602