Thomas Baty | |
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 Baty,c. 1915–1920 | |
| Born | (1869-02-08)8 February 1869 Stanwix, Cumberland, England |
| Died | 9 February 1954(1954-02-09) (aged 85) Ichinomiya, Chiba, Japan |
| Resting place | Aoyama Cemetery, Japan 35°39′58″N139°43′20″E / 35.66605°N 139.72229°E /35.66605; 139.72229 |
| Other names | Irene Clyde, Theta |
| Education |
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| Occupation(s) | International lawyer, writer, activist |
| Years active | 1898–1954 |
| Known for |
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| Notable work |
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| Awards | Order of the Sacred Treasure (third class, 1920; second class, 1936) |
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Thomas Baty (8 February 1869 – 9 February 1954), also known asIrene Clyde, was an Englishinternational lawyer, writer and activist. Baty was a renowned legal scholar and international law expert, spending the majority of a distinguished career as a legal advisor to theJapanese Foreign Office and publishing several works on international law. Baty was also a notable advocate forradical feminism and againstbinary gender distinctions. Contemporary scholars have described Baty variously asnon-binary,genderfluid,transgender, or atrans woman.
Baty was born inStanwix, Cumberland. Despite the early death of Baty's father, academic prowess earned Baty a scholarship toThe Queen's College, Oxford, where a degree injurisprudence was completed in 1892, followed by further studies atTrinity College, Cambridge. Baty's career encompassed teaching positions at several prominent universities and a prolific output of writings on international law. Under the name Irene Clyde, Baty publishedBeatrice the Sixteenth, afeminist utopian novel set in agenderless society, founded the short-lived Aëthnic Union, and co-founded the journalUrania to challengebinary gender categories. Baty's legal career led to Japan in 1916, where Baty's service as a legal adviser to the Japanese government earned Baty theOrder of the Sacred Treasure.
During a tenure in Japan, Baty developed alegal philosophy that emphasized effective control over territory as the primary criterion for state recognition, a perspective used to justifyJapanese expansionist policies. Baty defended Japan's actions in international forums, including theLeague of Nations. Despite the geopolitical tensions ofWorld War II, Baty remained in Japan, continuing work for the Japanese government. Baty's alignment with Japanese policies led the British government to consider charges of treason; however, prosecution was ultimately avoided, and Baty's British citizenship was revoked instead. Baty passed away inIchinomiya, Chiba, and was posthumously honored by Japanese dignitaries.
Thomas Baty was born on 8 February 1869, inStanwix, Cumberland, the eldest child of William Thomas Baty and his wife Mary (née Matthews).[1] Baty's father, a cabinet-maker, died when Baty was seven,[2] leading to a close relationship in late childhood with Baty's mother and sister.[3]: 26 Baty's uncles financially supported the family, enabling a middle-class home characterised by the "feminine home" concept. This Victorian ideal depicted a nurturing sanctuary dominated by female virtue, fostering spiritual and emotional well-being.[4]
Baty attendedCarlisle Grammar School[5] and excelled as a gifted student, earning a scholarship to study atThe Queen's College, Oxford.[6] Baty enrolled in 1888 and completed abachelor's degree injurisprudence in 1892.Called to the bar in 1898, Baty continued academic pursuits, earning anLL.M. fromTrinity College, Cambridge, in June 1901, aD.C.L. from Oxford the same year, and anLL.D. from Cambridge in 1903. Baty was a Civil Law Fellow at Oxford and a Whewell Scholar at Cambridge.[1]
Baty also wrote under the name Irene Clyde. Clyde[note 1] advocated for the abolition of male dominance, the dismantling ofgender binaries, the fluidity ofbiological sex, critical examinations of heterosexual marriage and biological reproduction, and the celebration of female-female relationships.[7]
In 1909, Clyde published thefeminist utopian novelBeatrice the Sixteenth.[7] Set in Armeria, it describes agenderless land of people with feminine characteristics who form life partnerships together. The novel examined perspectives onsame-sex love and thegender binary.[8] It is considered a precursor to otherfeminist utopias and contemporaryradical feminist theories on gender and sexuality.[9]
In 1911, Clyde founded theAëthnic Union, a society dedicated to challenging the societal gender binary.[3]: 36–37 In 1916, Clyde, along withEsther Roper,Eva Gore-Booth,Dorothy Cornish, andJessey Wade—fellow members of the Union—launchedUrania, a privately circulated journal. The journal advocated Clyde's opposition to the rigid classification of people into two genders.[10][11][12] "Sex is an accident" and "There are no 'men' and 'women' in Urania" were regular mottos.[13] Clyde also contributed under the name Theta.[14]
Urania became a central focus for Clyde over the next 25 years, until its publication ceased with the onset of theSecond World War. Initially released bimonthly and later three times a year, the journal was distributed privately and free of charge. It was printed at various global locations and featured original content, often written by Clyde, alongside reprinted excerpts from books or global mass media, and occasional editorial comments.[15] Subjects of the articles included same-sex relationships,androgyny, andsex changes.[13]
In 1934, Clyde publishedEve's Sour Apples, a collection of essays criticising gender distinctions and heterosexual marriage. The book envisioned a future where all forms of traditionally masculine behaviour were eradicated and offered guidance on how someoneassigned male at birth could adopt a morefeminine gender presentation.[8] Clyde also passionately opposed the idea that women's worth was tied to motherhood or maternity, arguing that it was disastrous for "every girl's mind to be filled with the gruesome details of maternity".[7]
Baty's expertise was in the field ofinternational law. After graduation, Baty lectured on international law atNottingham University and served as a degree examiner at Oxford, London, and Liverpool universities. During this time, Baty became a prolific writer on international law.[6] Baty served as the honorary general secretary of theInternational Law Association from 1905 to 1916 and acted asjunior counsel on the Zamora case. Baty was an associate member of theInstitut de Droit International from 1921 onwards.[1]
Following the outbreak of theFirst World War, Baty took part in the establishment of theGrotius Society, established in London in 1915. As one of the original members of that society, Baty became acquainted with Isaburo Yoshida, Second Secretary of theEmbassy of Japan in London and an international law scholar from the graduate school of theTokyo Imperial University. TheJapanese government was at that time searching for a foreign legal adviser following the death ofHenry Willard Denison, a US citizen who served in that position until his death in 1914. Baty applied for that position in February 1915. The Japanese government accepted the application and Baty came to Tokyo in May 1916 to start work at theJapanese Foreign Office. In 1920, Baty was awarded theOrder of the Sacred Treasure, third class, for service as a legal adviser,[6] and in 1936, Baty received the second class of the same order.[16]
In 1927, Baty participated as part of the Japanese delegation to theGeneva Naval Conference on disarmament, marking the only public appearance as a legal adviser for the Japanese government. The majority of Baty's work focused on writing legal opinions. Baty renewed working contracts with the Japanese Foreign Office several times and, in 1928, became a permanent employee of the ministry.[16]
Baty's legal philosophy evolved while working for the Japanese government and was designed to justify Japanese actions of encroaching upon the sovereignty of China.[16] Following theJapanese invasion of Manchuria in 1932 and the establishment ofManchukuo, Baty defended Japan's position in theLeague of Nations and advocated for the new state's membership. Baty also wrote legal opinions justifying theSecond Sino-Japanese War in 1937.[16] In addition, Baty donated 1,000 yen five times, a substantial sum for the time, to aid the families of fallen Japanese soldiers describing such actions as humanitarian, aimed at easing the grief of mothers, and arguing the war was avoidable if the League of Nations had accepted Baty's views and Japan's position.[16]
Baty's main argument was that the recognition of states must depend on one factor alone—effective control by the military and security forces of the government over the state's territory, and not on preconceived definitions of what the state should be. Based on this reasoning, Baty opposed the practice of grantingde facto recognition, asserting that only final and irrevocable recognition should be applied. Baty accused the Western international community of hypocrisy for usingde facto recognition as a tool to engage in certain transactions with governments of states Baty considered unfriendly, without fully committing to accepting those states as part of the international community.[17]
In July 1941, the Japanese government froze the assets of foreigners residing in Japan or its colonial possessions as a retaliatory measure against similar actions taken by the United States. Baty was exempt from this policy due to service for the Japanese government. Despite the outbreak of war with theBritish Empire in December 1941, Baty chose to remain in Japan, rejecting efforts by the British Embassy to arrange repatriation. Baty continued working for the Japanese government throughout the war and defended Japan's policy of conquest as a response toWestern imperialism in Asia. In late 1944, Baty questioned the legitimacy of pro-Allied governments established after the end of theGerman occupation in Europe.[16] Baty also contributed articles to Japanese newspapers on British and American affairs.[18]
Following the Japanese surrender in 1945, theBritish Ministry of Foreign Affairs considered indicting Baty for treason. However, the Central Liaison Office, a British government agency operating in Japan, opined that Baty's involvement with the Japanese government during the war was insignificant. Additionally, some legal advisers within the British government argued against prosecution on the grounds of Baty's advanced age. Ultimately, the British government chose to revoke Baty'sBritish citizenship and allowed Baty to remain in Japan.[16]
For the rest of Baty's life, Baty resided in a villa inIchinomiya, Chiba, given to Baty by Kano Hisarō. Baty continued to work for the Japanese government until 1952.[19]
Baty died of acerebral haemorrhage at the age of 85, in Ichinomiya, on 9 February 1954.[20] TheEmperor of Japan sent floral tributes to Baty's funeral, as did many of the people who knew Baty. Eulogies were delivered by Prime MinisterShigeru Yoshida, Foreign MinisterKatsuo Okazaki, Saburo Yamada (President of the Japanese Society of International Law) andIyemasa Tokugawa (a former colleague). Baty was buried inAoyama Cemetery, Tokyo, alongside Baty's sister and mother.[2]
Baty, who authored approximately 18 books on legal matters, died shortly after completing the first proof of Baty's last book,International Law in Twilight. The book provides commentary on legal issues as well as history, politics, and problems related to Japan and the Far East, drawing from extensive experience as a legal advisor to the Japanese Foreign Office.[21]
In 1926, Baty wrote a declaration on love and marriage that was privately shared with close friends and published posthumously. In the text, Baty confessed:[4]
From my earliest years I hated sex. The reason was that I wanted to be a girl. I saw that ladies, while admittedly more graceful and sweet than men, were also just as determined and noble. I could not bear to be relegated to the ranks of rough and stern men.
In an autobiographical sketch inAlone in Japan, Baty reflected: "From earliest days, adored Beauty and Sweetness; considered ladies had both, as well as Persistence and Tenacity. Therefore, longed passionately to be a lady—and have continued to do so."[22]
Baty publicly presented as Thomas Baty to most of society.[3]: 21–22 Friends observed Baty's reserved nature, gentle demeanour, and traditionally feminine traits, such as speaking in thewomen's style of Japanese and fastening garments from right to left.[22] Baty also wore women's clothes and accessories.[4]Hugh Keenleyside, a Canadian diplomat in Japan, described Baty as a "transvestite", who occasionally entertained guests while dressed in a gown.[23] Friends also witnessed a transition from Thomas Baty to Irene Clyde, noting that one identity gradually faded as the other emerged:[3]: 21–22
When he extended his hand in greeting his sombre eyes lit up, his withdrawn expression melted away. Dr Baty, Chief Legal Advisor to the Foreign Office of Japan, disappeared and in his place stood Irene Clyde, a gentle, kindly, witty, and intelligent elderly lady.
Baty has been described variously by contemporary scholars asnon-binary,[24][25]genderfluid,[3]: 21–22 [25]transgender,[11][12][25] or atrans woman.[26] Sandra Duffy asserts that Baty's gender identity remains ambiguous.[25] Alison Oram argues that Baty's desire "to be a lady" challenges efforts by some theorists and historians to trace a continuous transgender identity through history. While there are similarities to late twentieth-century transgender politics, Baty's self-perception was shaped by a specific historical context, differing significantly from identities influenced by later advancements inmedical transition.[27]
Baty was a strictvegetarian since the age of 19 and later served as vice-president of the BritishVegetarian Society.[2] Baty was also a member of theHumanitarian League[28] and theAnimal Defence and Anti-Vivisection Society.[29]
Influenced by the writings ofThomas Carlyle, Baty came to perceive the unity of all religions and disregarded the specific historical contexts of Hebrew and Christian traditions. Baty subsequently became aTheosophist and a follower ofShinto.[15]
An important person in Baty's life was Baty's sister Anne, who accompanied Baty to Japan in 1916 alongside their mother (who died in the same year). Anne lived with Baty until Anne's death inNikkō on 22 January 1945.[2]
Baty's recreations included a passion for music, heraldry, and the sea, and Baty was described as aconservative.[1] Baty also had a passion for literature andlocalism, particularly the formation of small, self-sustaining communities.[23] While living in Tokyo, Baty embraced a leisure-class lifestyle, spending summers atLake Chuzenji with Anne. At the lake, Baty owned and sailed a boat namedThe Ark and socialised at the Nantaisan Yacht Club. The exclusivity of the resort was marked by its mainly diplomatic occupants and daily sailboat races.[16]
Baty never married. Some evidence suggests that Baty was disillusioned with Victorian sexual norms and disgusted by the then accepted notions of male domination over women.[4] Baty described a personal philosophy as that of a radical feminist and apacifist,[30] arguing that masculine traits lead to war, while feminine traits reject it. Baty concluded that ending war required prioritising feminine characteristics.[2] Baty was also a supporter of thefeminist struggle in Japan.[31]
Baty's later years inspired Japanese writerAyako Sono's 1954 short story "Grave of the Sea". Although the story is set inHakone instead ofNikkō, where Baty resided, it portrays a tale of a difficult life in a foreign land after the war. A notable line from the main character reads: "When I die, please throw my bones in the sea. I don't need a grave."[32]
In 1959, Baty's memoirs,Alone in Japan: The Reminiscences of an International Jurist Resident in Japan 1916–1954, were published, edited by Motokichi Hasegawa.[33]
In 1993, scholarsDaphne Patai and Angela Ingram uncovered that starting in 1909, Baty had been writing about feminism and gender using the name Irene Clyde.[34] Baty's strong opposition to the restrictive gender conventions of the time, coupled with a personal defiance of these norms in Baty's private life, is recognised by contemporary scholars as establishing Baty as a transgender pioneer.[34][35]
Baty's unwavering support for Japan during the war made Baty a controversial figure in international law.[2] Critics have described Baty as both a traitor and an apologist forimperialism.[36] In 2004, a commemorative seminar was held at theUniversity of Tokyo on the 50th anniversary of Baty's death to reappraise Baty's contributions to international law. It featured work from the scholarsVaughan Lowe, Martin Gornall and Hatsue Shinohara.[37]
{{cite book}}: CS1 maint: DOI inactive as of November 2024 (link)the lawyer and transgender activist Thomas Baty, who advertised his 'Aethnic Union' in The Free-woman. This group explicitly rejected sexual differentiation...
Thomas Baty, a transgender lawyer and later, publisher of the private journal 'Urania', wrote to advertise his 'Aethnic Union,' a society dedicated to sweeping away the 'gigantic superstructure of artificial convention' in sexual matters, and resisting the 'insistent differentiation' into two genders...
a trans/non-binary/gender-fluid person (Thomas Baty/Irene Clyde)
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