Law And Social Change In Postwar Japan
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Author | : Frank K. Upham |
Publisher | : Harvard University Press |
Total Pages | : 286 |
Release | : 2009-06-01 |
Genre | : Political Science |
ISBN | : 9780674044548 |
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.
Author | : Edward R. Beauchamp |
Publisher | : Taylor & Francis |
Total Pages | : 364 |
Release | : 1998 |
Genre | : Japan |
ISBN | : 9780815327318 |
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Kirsten Cather Fischer |
Publisher | : University of Hawaii Press |
Total Pages | : 354 |
Release | : 2012-07-31 |
Genre | : Art |
ISBN | : 0824865731 |
In 2002 a manga (comic book) was for the first time successfully charged with the crime of obscenity in the Japanese courts. In The Art of Censorship Kirsten Cather traces how this case represents the most recent in a long line of sensational landmark obscenity trials that have dotted the history of postwar Japan. The objects of these trials range from a highbrow literary translation of Lady Chatterley’s Lover and modern adaptations and reprintings of Edo-period pornographic literary “classics” by authors such as Nagai Kafu to soft core and hard core pornographic films, including a collection of still photographs and the script from Oshima Nagisa’s In the Realm of the Senses, as well as adult manga. At stake in each case was the establishment of a new hierarchy for law and culture, determining, in other words, to what extent the constitutional guarantee of free expression would extend to art, artist, and audience. The work draws on diverse sources, including trial transcripts and verdicts, literary and film theory, legal scholarship, and surrounding debates in artistic journals and the press. By combining a careful analysis of the legal cases with a detailed rendering of cultural, historical, and political contexts, Cather demonstrates how legal arguments are enmeshed in a broader web of cultural forces. She offers an original, interdisciplinary analysis that shows how art and law nurtured one another even as they clashed and demonstrates the dynamic relationship between culture and law, society and politics in postwar Japan. The Art of Censorship will appeal to those interested in literary and visual studies, censorship, and the recent field of affect studies. It will also find a broad readership among cultural historians of the postwar period and fans of the works and genres discussed.
Author | : Peter J. Katzenstein |
Publisher | : Cornell University Press |
Total Pages | : 332 |
Release | : 2018-09-05 |
Genre | : Political Science |
ISBN | : 1501731467 |
Nonviolent state behavior in Japan, this book argues, results from the distinctive breadth with which the Japanese define security policy, making it inseparable from the quest for social stability through economic growth. While much of the literature on contemporary Japan has resisted emphasis on cultural uniqueness, Peter J. Katzenstein seeks to explain particular aspects of Japan's security policy in terms of legal and social norms that are collective, institutionalized, and sometimes the source of intense political conflict and change. Culture, thus specified, is amenable to empirical analysis, suggesting comparisons across policy domains and with other countries. Katzenstein focuses on the traditional core agencies of law enforcement and national defense. The police and the military in postwar Japan are, he finds, reluctant to deploy physical violence to enforce state security. Police agents rarely use repression against domestic opponents of the state, and the Japanese public continues to support, by large majorities, constitutional limits on overseas deployment of the military. Katzenstein traces the relationship between the United States and Japan since 1945 and then compares Japan with postwar Germany. He concludes by suggesting that while we may think of Japan's security policy as highly unusual, it is the definition of security used in the United States that is, in international terms, exceptional.
Author | : Yōichi Higuchi |
Publisher | : 東京大学出版会 |
Total Pages | : 376 |
Release | : 2001-05 |
Genre | : Reference |
ISBN | : |
日本国憲法50年のアポリアを、18人の第一線憲法研究者が論じる、書下し論集。
Author | : Patricia G Steinhoff |
Publisher | : University of Michigan Press |
Total Pages | : 196 |
Release | : 2014-01-03 |
Genre | : Law |
ISBN | : 1929280831 |
Examines the relationship between social movements and the law in bringing about social change in Japan
Author | : Mark E. Caprio |
Publisher | : Routledge |
Total Pages | : 260 |
Release | : 2007-03-06 |
Genre | : History |
ISBN | : 1134118627 |
With expert contributions from both the US and Japan, this book examines the legacies of the US Occupation on Japanese politics and society, and discusses the long-term impact of the Occupation on contemporary Japan. Focusing on two central themes – democracy and the interplay of US-initiated reforms and Japan's endogenous drive for democratization and social justice – the contributors address key questions: How did the US authorities and the Japanese people define democracy? To what extent did America impose their notions of democracy on Japan? How far did the Japanese pursue impulses toward reform, rooted in their own history and values? Which reforms were readily accepted and internalized, and which were ultimately subverted by the Japanese as impositions from outside? These questions are tackled by exploring the dynamics of the reform process from the three perspectives of innovation, continuity and compromise, specifically determining the effect that this period made to Japanese social, economic, and political understanding. Critically examines previously unexplored issues that influenced postwar Japan such as the effect of labour and healthcare legislation, textbook revision, and minority policy. Illuminating contemporary Japan, its achievements, its potential and its quandaries, this book will appeal to students and scholars of Japanese-US relations, Japanese history and Japanese politics.
Author | : Vai Io Lo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 224 |
Release | : 1999-01-01 |
Genre | : Law |
ISBN | : 9041110755 |
Chinese and Japanese trade unions may seem emasculated and weak when compared with their Western counterparts in that they do not stand up to management to protect the interests of workers. The author's careful analysis probes the reasons for this difference, tearing down stereotypical notions about societies with a Confucian heritage, to examine the significant role of law in shaping industrial relations in modern China and Japan. Through a comparative analysis of their trade union laws, this work analyses the role of law in shaping postwar industrial relations in China and Japan and the interplay amongst such elements as the State or the Party, management, and workers. The work focuses on industrial relations in commercial and industrial enterprises, addressing such issues as the performance or nonperformance of trade unions in China and Japan and possible explanations, and the prospects and limitations of using codified laws to effect change or control in the postwar industrial settings of these two countries. The work's helpful features include a comparative approach, the use of case studies to maximize objectivity and insight, a unified and clearly expressed thesis and conclusions including a summary of findings, footnotes and cross references, an index, and concise explanations of the relevant legal provisions and the manner in which they have been applied.
Author | : Daniel H. Foote |
Publisher | : University of Washington Press |
Total Pages | : 704 |
Release | : 2011-10-17 |
Genre | : Social Science |
ISBN | : 0295801352 |
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
Author | : Akira Kubota |
Publisher | : Princeton University Press |
Total Pages | : 214 |
Release | : 2015-12-08 |
Genre | : Political Science |
ISBN | : 1400875781 |
This volume presents an analysis of Japan's powerful upper bureaucracy in the post-war period. The author’s aim is to provide an empirical foundation for the many impressionistic accounts of Japanese bureaucracy and a systematic basis for comparative studies of bureaucracies in other countries. The study ranges from the family and geographic backgrounds of higher civil servants through their educational training and career patterns to their retirement and post-retirement activities. Throughout, the emphasis is on assembling and analyzing the kind of systematic data that provide a solid basis for understanding how the Japanese bureaucracy actually works. Originally published in 1969. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.