Download or read book Law and Society in Imperial Japan written by Jason Michael Morgan and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Ritual of Rights in Japan written by Eric A. Feldman and published by Cambridge University Press. This book was released on 2000-03-30 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equity Under Empire written by and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Japan in the 1920s and 1930s, a brief flowering of democratic, populist spirit began to give way to a state-centric imperial episteme in which all politics was warped to fit the gravity field of the kokutai, or indefinable national essence. This dissertation examines how the Japanese law-and-society movement, founded in the 1920s by a small coterie of scholars recently returned from studying with legal pragmatists and “living law” sociolegal advocates in Europe and the United States, eventually came to drop its fundamental opposition to positivism and statism and participate in the expansion and administration of the Japanese empire. My dissertation focuses on Suehiro Izutarō—who, along with Hozumi Shigetō, pioneered the law-and-society movement in Japan—and his gradual turn, under intense criticism from kokutai advocates such as Minoda Muneki for not sufficiently following the dictates of the state at the time of Japan’s “national emergency” of the early 1930s, from champion of a separate legal sphere for the proletariat to a leader in the fusing of the people and the state into one imperial phalanx. One of the keys of my dissertation is its indexing of the Japanese law-and-society’s movement into greater cooperation with the imperial state against the movement’s inherent turn away from the natural law. As Catholic legal philosopher Tanaka Kōtarō pointed out, both positivism and legal realism were, ultimately, equally adaptable to statist projects because both lacked any real intellectual equipment for taking into account the justice—as expressed either in state-centric or society-centric terms—of a given body of laws. Insofar as the United States, which conquered occupied Japan in the denouement of the Pacific War and which imposed its own version of anti-natural law liberalism on Japan in the postwar phase, purged Suehiro for his statism, the United States, too, failed to take into account the distinction between justice and power. Thus, the many ways in which the Japanese legal system emerged from the war years substantially unchanged is a testament to the overall failure of modern legal orders to reckon with the strictures of the natural law.
Download or read book History Of Law In Japan Since 1868 written by Wilhelm Röhl and published by BRILL. This book was released on 2005 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.
Download or read book Transactions of the Asiatic Society of Japan written by Asiatic Society of Japan and published by . This book was released on 1902 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transactions and Proceedings of the Japan Society London written by Japan Society of London and published by . This book was released on 1924 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Law in Japan until 1868 written by Carl Steenstrup and published by BRILL. This book was released on 2021-12-06 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan's modern written law is Western. However, this law operates in a society whose values are pre-Western. In order to understand the function of modern law one has to study older systems of law as well. The main phases of Japan's pre-modern legal development are first, the indigenous customary law of the Yamato state. Next, the import and adaptation of Chinese codes from the 7th century onwards. Third, the use of Chinese legal techniques to bring order to the indigenous feudal law, culminating in the thirteenth century, and leading to the independence of Japan's legal system from that of China. Fourth, the mature system of written law and custom of the Tokugawa state. It is owing to the existence of well-functioning channels of law that Japan was able to modernise rapidly.
Download or read book Authority without Power written by John Owen Haley and published by Oxford University Press. This book was released on 1994-12-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Elements of Japanese Law written by Joseph Ernest De Becker and published by . This book was released on 1916 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transactions written by Asiatic Society of Japan and published by . This book was released on 1964 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law in Japan written by Harvard Law School and published by Cambridge, Mass., Harvard University Press. This book was released on 1963 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Japan written by Harald Baum and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to Japanese Law written by Yoshiyuki Noda and published by . This book was released on 1976 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Laying Down the Law written by R. W. Kostal and published by Harvard University Press. This book was released on 2019-10-15 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.
Download or read book Law in Japan written by and published by . This book was released on 1967 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gender and Law in the Japanese Imperium written by Susan L. Burns and published by University of Hawaii Press. This book was released on 2013-12-31 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in the nineteenth century, law as practice, discourse, and ideology became a powerful means of reordering gender relations in modern nation-states and their colonies around the world. This volume puts developments in Japan and its empire in dialogue with this global phenomenon. Arguing against the popular stereotype of Japan as a non-litigious society, an international group of contributors from Japan, Taiwan, Germany, and the U.S., explores how in Japan and its colonies, as elsewhere in the modern world, law became a fundamental means of creating and regulating gendered subjects and social norms in the period from the 1870s to the 1950s. Rather than viewing legal discourse and the courts merely as technologies of state control, the authors suggest that they were subject to negotiation, interpretation, and contestation at every level of their formulation and deployment. With this as a shared starting point, they explore key issues such reproductive and human rights, sexuality, prostitution, gender and criminality, and the formation of the modern conceptions of family and conjugality, and use these issues to complicate our understanding of the impact of civil, criminal, and administrative laws upon the lives of both Japanese citizens and colonial subjects. The result is a powerful rethinking of not only gender and law, but also the relationships between the state and civil society, the metropole and the colonies, and Japan and the West. Collectively, the essays offer a new framework for the history of gender in modern Japan and revise our understanding of both law and gender in an era shaped by modernization, nation and empire-building, war, occupation, and decolonization. With its broad chronological time span and compelling and yet accessible writing, Gender and Law in the Japanese Imperium will be a powerful addition to any course on modern Japanese history and of interest to readers concerned with gender, society, and law in other parts of the world. Contributors: Barbara J. Brooks, Daniel Botsman, Susan L. Burns, Chen Chao-Ju, Darryl Flaherty, Harald Fuess, Sally A. Hastings, Douglas Howland, Matsutani Motokazu.
Download or read book Materials for the Study of Private Law in Old Japan written by John Henry Wigmore and published by . This book was released on 1892 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
