Law And Society In Contemporary Japan

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Law And Society In Contemporary Japan American Perspectives

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Author : Haley
language : en
Publisher:
Release Date : 1988

Law And Society In Contemporary Japan American Perspectives written by Haley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with categories.

Law And Social Change In Postwar Japan

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Author : Frank K. Upham
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01

Law And Social Change In Postwar Japan written by Frank K. Upham and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Political Science categories.

Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen. This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world's worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan's economy over the last twenty-five years. Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.

Community And The Law

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Author : Takao Tanase
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Community And The Law written by Takao Tanase and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.

Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume. Robert A. Kagan, University of California, Berkeley, US Takao Tanase s Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy This important book translates seven landmark essays by one of Japan s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law. Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers ethics, family law, human rights, constitutionalism and litigiousness. This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.

The Ritual Of Rights In Japan

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Author : Eric A. Feldman
language : en
Publisher: Cambridge University Press
Release Date : 2000-03-30

The Ritual Of Rights In Japan written by Eric A. Feldman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-30 with Law categories.

The Ritual of Rights in Japan challenges the conventional wisdom that the assertion of rights is fundamentally incompatible with Japanese legal, political and social norms. It discusses the creation of a Japanese translation of the word 'rights', Kenri; examines the historical record for words and concepts similar to 'rights'; and highlights the move towards recognising patients' rights in the 1960s and 1970s. Two policy studies are central to the book. One concentrates on Japan's 1989 AIDS Prevention Act, and the other examines the protracted controversy over whether brain death should become a legal definition of death. Rejecting conventional accounts that recourse to rights is less important to resolving disputes than other cultural forms,The Ritual of Rights in Japan uses these contemporary cases to argue that the invocation of rights is a critical aspect of how conflicts are articulated and resolved.

The Failure Of Civil Society

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Author : Akihiro Ogawa
language : en
Publisher: State University of New York Press
Release Date : 2009-03-09

The Failure Of Civil Society written by Akihiro Ogawa and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-09 with Social Science categories.

A look at the voluntary sector in Japan, which has emerged strongly only in recent years.

The Spirit Of Japanese Law

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Author : John Owen Haley
language : en
Publisher: University of Georgia Press
Release Date : 2006

The Spirit Of Japanese Law written by John Owen Haley and has been published by University of Georgia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

Going To Court To Change Japan

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Author : Patricia G Steinhoff
language : en
Publisher: University of Michigan Press
Release Date : 2014-01-03

Going To Court To Change Japan written by Patricia G Steinhoff and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-03 with Law categories.

Examines the relationship between social movements and the law in bringing about social change in Japan

Authority Without Power

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Author : John Owen Haley
language : en
Publisher: Oxford University Press
Release Date : 1994-12-01

Authority Without Power written by John Owen Haley and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-12-01 with Law categories.

This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.

Law In Japan

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Author :
language : en
Publisher:
Release Date : 1967

Law In Japan written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with categories.

Social Commentary On State And Society In Modern Japan

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Author : Yoneyuki Sugita
language : en
Publisher: Springer
Release Date : 2016-08-18

Social Commentary On State And Society In Modern Japan written by Yoneyuki Sugita and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-18 with Social Science categories.

This anthology analyzes societal and cultural aspects of modern Japan. It identifies the dynamic trend and undercurrent in Japan by addressing three key areas: modernization, internationalization, and memory and imagination. Using interdisciplinary and multi-language approaches, it discusses topics such as religion, ethnicity, civil society, art, public health, popular culture, war, identity and education. It is a valuable resource for scholars and graduate students with an interest in cutting-edge research analyses of Japanese / Asian studies.