The Japanese Way of Justice

The Japanese Way of Justice
Author: David Ted Johnson
Publisher: Oxford University Press, USA
Total Pages: 340
Release: 2002
Genre: Language Arts & Disciplines
ISBN: 019511986X

The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments."--BOOK JACKET.

Japanese War Criminals

Japanese War Criminals
Author: Sandra Wilson
Publisher: Columbia University Press
Total Pages: 436
Release: 2017-02-14
Genre: History
ISBN: 0231542682

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

Japanese War Crimes

Japanese War Crimes
Author: Peter Li
Publisher: Routledge
Total Pages: 464
Release: 2017-07-12
Genre: History
ISBN: 1351511084

The question of national responsibility for crimes against humanity became an urgent topic due to the charge of ethnic cleansing against the previous Yugoslav government. But that was not the first such urging of legal and moral responsibility for war crimes. While the Nazi German regime has been prototypical, the actions of the Japanese military regime have been receiving increasing prominence and attention. Indeed, Peter Li's volume examines the phenomenon of denial as well as the deeds of destruction. Certainly one of the most troublesome unresolved problems facing many Asian and Western countries after the Asia Pacific war (1931u1945) is the question of the atrocities committed by the Japanese Imperial Army throughout Asia and the Japanese government's repeated attempts to whitewash their wartime responsibilities. The psychological and physical wounds suffered by victims, their families, and relations remain unhealed after more than half a century, and the issue is now pressing. This collection undertakes the critical task of addressing some of the multifaceted and complex issues of Japanese war crimes and redress. This collection is divided into five themes. In "It's Never Too Late to Seek Justice," the issues of reconciliation, accountability, and Emperor Hirohito's responsibility for war crimes are explored. "The American POW Experience Remembered" includes a moving account of the Bataan Death March by an American ex-soldier. "Psychological Responses" discusses the socio-psychological affects of the Nanjing Massacre and Japanese vivisection on Chinese subjects. The way in which Japanese war atrocities have been dealt with in the theater and cinema is the focus of "Artistic Responses." And central to "History Must not Forget" are the questions of memory, trauma, biological warfare, and redress. Included in this volume are samples of the many presentations given at the International Citizens' Forum on War Crimes and Redress held in Tokyo in Decem

Crime in Japan

Crime in Japan
Author: Laura Bui
Publisher: Springer
Total Pages: 242
Release: 2019-04-03
Genre: Social Science
ISBN: 3030140970

This book reviews research on psychology and crime in Japan, and compares the findings with similar research conducted in Western industrialised countries. It examines explanations for crime and antisocial behaviour in Japan using research and theories from a psychological perspective. Topics covered include cultural explanations, developmental and life-course criminology, family violence and family risk factors, youth crime and early prevention, school factors and bullying, mental disorders, biosocial factors, psychopathy and sexual offending. In some parts, it challenges and refines the prevailing belief that Japan is a society characterised by low crime and little antisocial behaviour. This original project is the most up-to-date work on crime in Japan, and advances the important field of psychological criminology.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited
Author: Yuki Tanaka
Publisher: BRILL
Total Pages: 436
Release: 2011-06-09
Genre: Law
ISBN: 9004215913

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.

For Dignity, Justice, and Revolution

For Dignity, Justice, and Revolution
Author: Heather Bowen-Struyk
Publisher: University of Chicago Press
Total Pages: 441
Release: 2016-01-14
Genre: History
ISBN: 022603478X

“A significant contribution to the body of English language scholarship and translation of Japanese proletarian literature. Highly recommended.” —Choice Fiction created by and for the working class emerged worldwide in the early twentieth century as a response to rapid modernization, dramatic inequality, and imperial expansion. In Japan, literary youth, men and women, sought to turn their imaginations and craft to tackling the ensuing injustices, with results that captured both middle-class and worker-farmer readers. This anthology is a landmark introduction to Japanese proletarian literature from that period. Contextualized by introductory essays, forty expertly translated stories touch on topics like perilous factories, predatory bosses, ethnic discrimination, and the myriad indignities of poverty. Together, they show how even intensely personal issues form a pattern of oppression. Fostering labor consciousness as part of an international leftist arts movement, these writers were also challenging the institution of modern literature itself. This anthology demonstrates the vitality of the “red decade” long buried in modern Japanese literary history. “The thread of thought underlying the stories . . . is, as Edmund Wilson eloquently established in To the Finland Station, one of the fundamental components of our contemporary consciousness.” —Kyoto Journal “An essential guidebook for navigating twentieth-century Japan’s literary and political terrain.” —Edward Fowler, University of California, Irvine, author of San’ya Blues: Laboring Life in Contemporary Tokyo “Excellent translations of excellent writers.” —John Whitter Treat, Yale University, author of The Rise and Fall of Modern Japanese Literature “Lucidly structured. . . . The editors have also made the welcome decision to retain self-censored and suppressed passages.” —Japan Times “Engaging and in-depth.” —Japan Studies

Justice at War

Justice at War
Author: Peter Irons
Publisher: Univ of California Press
Total Pages: 436
Release: 1993-06-10
Genre: History
ISBN: 9780520083127

Justice at War irrevocably alters the reader's perception of one of the most disturbing events in U.S. history—the internment during World War II of American citizens of Japanese descent. Peter Irons' exhaustive research has uncovered a government campaign of suppression, alteration, and destruction of crucial evidence that could have persuaded the Supreme Court to strike down the internment order. Irons documents the debates that took place before the internment order and the legal response during and after the internment.

Defending the Enemy

Defending the Enemy
Author: Elaine B. Fischel
Publisher: Bascom Hill Publishing Group Limited
Total Pages: 384
Release: 2010-02
Genre: Biography & Autobiography
ISBN: 9781935456032

From 1946-48 Elaine B. Fischel worked in Tokyo alongside the American attorneys assigned to defend the Japanese war criminals held responsible for the torture and deaths of millions of civilians and prisoners of war. She recounts the post-WWII transition in Japan to the country's occupation by their former enemy, and the subsequent surprise on the part of the Japanese citizenry that the U.S. allegiance to democracy meant providing a fair trial even to the men considered the most evil perpetrators of atrocities. In letters to her family at the time, the author as a young woman tries to explain her relationships with the defendants and her own surprise at the growing fondness she felt for many of the "villains" of WWII-particularly prime minister and general Hideki Tojo, known during the war as "Razor." Defending the Enemy is also the story of a young woman who wants to make the most of her time in a country so full of beauty. Fischel interweaves the activities and intrigues of the trial alongside her tales of travel throughout Japan, her social engagements with high-ranking military and civilians, and her unique enduring relationships, such as her friendship with Emperor Hirohito's brother, Prince Takamatsu. In doing so, Fischel illuminates the paradoxes inherent during this period in history. Elaine B. Fischel was born in New York. Her widowed mother moved her girls out of the big city and raised Elaine and her sister in Southern California. In addition to "honors" grades in high school, Elaine's athletic abilities led to a number-one ranking in Junior tennis and, while representing UCLA, she became a National Intercollegiate Tennis Champion. The end of World War II found Elaine working in Tokyo for two-and-a-half years at the trial of the twenty-eight accused Japanese war criminals. General Douglas MacArthur, the leader of the Occupation, recruited American lawyers to defend the fallen leaders to insure that history would say this was a "fair trial." Elaine's assignment to the Defense enabled her to interact with the fallen leaders, who had become "clients," and with military leaders, diplomats, the Japanese royal family, and Japanese citizens from all walks of life. When the trial was over, Fischel returned home and attended the University of Southern California School of Law. She went on to practice law for fifty-seven years. Book jacket.

Enduring Conviction

Enduring Conviction
Author: Lorraine K. Bannai
Publisher: University of Washington Press
Total Pages: 319
Release: 2015-11-02
Genre: Social Science
ISBN: 029580629X

Fred Korematsu’s decision to resist F.D.R.’s Executive Order 9066, which provided authority for the internment of Japanese Americans during World War II, was initially the case of a young man following his heart: he wanted to remain in California with his white fiancée. However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights. After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah. He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu’s case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress. Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.

Second-Best Justice

Second-Best Justice
Author: J. Mark Ramseyer
Publisher: University of Chicago Press
Total Pages: 296
Release: 2015-11-19
Genre: Law
ISBN: 022628204X

It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.