Law and Social Change in Postwar Japan

Law and Social Change in Postwar Japan

Author: Frank K. Upham

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 286

ISBN-13: 9780674044548

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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.


Book Synopsis Law and Social Change in Postwar Japan by : Frank K. Upham

Download or read book Law and Social Change in Postwar Japan written by Frank K. Upham and published by Harvard University Press. This book was released on 2009-06-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


FAMILY LAW REFORM in POSTWAR JAPAN

FAMILY LAW REFORM in POSTWAR JAPAN

Author: Joy Larsen Paulson

Publisher: Xlibris Corporation

Published: 2010-08-24

Total Pages: 260

ISBN-13: 1453540253

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How does a nation, defeated in war, respond to externally imposed reforms that set that nation’s family system upside down, completely eliminating the family’s modus operandi At least that is what the elimination of family kinship and single inheritance in reforms by the Supreme Command for the Allied Powers (SCAP) in the 1948 Civil Code was meant to do. How did the Japanese respond to these reforms in Family Law that many believed would result in the destruction of the family? This study looks at succession and adoption in the years following the reform to understand how the Japanese were able to circumvent the Code and shape the family to meet their evolving needs.


Book Synopsis FAMILY LAW REFORM in POSTWAR JAPAN by : Joy Larsen Paulson

Download or read book FAMILY LAW REFORM in POSTWAR JAPAN written by Joy Larsen Paulson and published by Xlibris Corporation. This book was released on 2010-08-24 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation, defeated in war, respond to externally imposed reforms that set that nation’s family system upside down, completely eliminating the family’s modus operandi At least that is what the elimination of family kinship and single inheritance in reforms by the Supreme Command for the Allied Powers (SCAP) in the 1948 Civil Code was meant to do. How did the Japanese respond to these reforms in Family Law that many believed would result in the destruction of the family? This study looks at succession and adoption in the years following the reform to understand how the Japanese were able to circumvent the Code and shape the family to meet their evolving needs.


Women and Women's Issues in Post World War II Japan

Women and Women's Issues in Post World War II Japan

Author: Edward R. Beauchamp

Publisher: Taylor & Francis

Published: 1998

Total Pages: 364

ISBN-13: 9780815327318

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First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.


Book Synopsis Women and Women's Issues in Post World War II Japan by : Edward R. Beauchamp

Download or read book Women and Women's Issues in Post World War II Japan written by Edward R. Beauchamp and published by Taylor & Francis. This book was released on 1998 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.


The Art of Censorship in Postwar Japan

The Art of Censorship in Postwar Japan

Author: Kirsten Cather Fischer

Publisher: University of Hawaii Press

Published: 2012-07-31

Total Pages: 354

ISBN-13: 0824865731

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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.


Book Synopsis The Art of Censorship in Postwar Japan by : Kirsten Cather Fischer

Download or read book The Art of Censorship in Postwar Japan written by Kirsten Cather Fischer and published by University of Hawaii Press. This book was released on 2012-07-31 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Cultural Norms and National Security

Cultural Norms and National Security

Author: Peter J. Katzenstein

Publisher: Cornell University Press

Published: 2018-09-05

Total Pages: 332

ISBN-13: 1501731467

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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.


Book Synopsis Cultural Norms and National Security by : Peter J. Katzenstein

Download or read book Cultural Norms and National Security written by Peter J. Katzenstein and published by Cornell University Press. This book was released on 2018-09-05 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Five Decades of Constitutionalism in Japanese Society

Five Decades of Constitutionalism in Japanese Society

Author: Yōichi Higuchi

Publisher: 東京大学出版会

Published: 2001-05

Total Pages: 376

ISBN-13:

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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。


Book Synopsis Five Decades of Constitutionalism in Japanese Society by : Yōichi Higuchi

Download or read book Five Decades of Constitutionalism in Japanese Society written by Yōichi Higuchi and published by 東京大学出版会. This book was released on 2001-05 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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。


Going to Court to Change Japan

Going to Court to Change Japan

Author: Patricia G Steinhoff

Publisher: University of Michigan Press

Published: 2014-01-03

Total Pages: 196

ISBN-13: 1929280831

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


Book Synopsis Going to Court to Change Japan by : Patricia G Steinhoff

Download or read book Going to Court to Change Japan written by Patricia G Steinhoff and published by University of Michigan Press. This book was released on 2014-01-03 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between social movements and the law in bringing about social change in Japan


Law in Japan

Law in Japan

Author: Daniel H. Foote

Publisher: University of Washington Press

Published: 2011-10-17

Total Pages: 704

ISBN-13: 0295801352

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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.


Book Synopsis Law in Japan by : Daniel H. Foote

Download or read book Law in Japan written by Daniel H. Foote and published by University of Washington Press. This book was released on 2011-10-17 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Minamata

Minamata

Author: Timothy S. George

Publisher: BRILL

Published: 2020-05-11

Total Pages: 418

ISBN-13: 1684173477

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Nearly forty years after the outbreak of the “Minamata Disease,” it remains one of the most horrific examples of environmental poisoning. Based on primary documents and interviews, this book describes three rounds of responses to this incidence of mercury poisoning, focusing on the efforts of its victims and their supporters, particularly the activities of grassroots movements and popular campaigns, to secure redress. Timothy S. George argues that Japan’s postwar democracy is ad hoc, fragile, and dependent on definition through citizen action and that the redress effort is exemplary of the great changes in the second and third postwar decades that redefined democracy in Japan.


Book Synopsis Minamata by : Timothy S. George

Download or read book Minamata written by Timothy S. George and published by BRILL. This book was released on 2020-05-11 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly forty years after the outbreak of the “Minamata Disease,” it remains one of the most horrific examples of environmental poisoning. Based on primary documents and interviews, this book describes three rounds of responses to this incidence of mercury poisoning, focusing on the efforts of its victims and their supporters, particularly the activities of grassroots movements and popular campaigns, to secure redress. Timothy S. George argues that Japan’s postwar democracy is ad hoc, fragile, and dependent on definition through citizen action and that the redress effort is exemplary of the great changes in the second and third postwar decades that redefined democracy in Japan.


Democracy in Occupied Japan

Democracy in Occupied Japan

Author: Mark E. Caprio

Publisher: Routledge

Published: 2007-03-06

Total Pages: 501

ISBN-13: 1134118619

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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.


Book Synopsis Democracy in Occupied Japan by : Mark E. Caprio

Download or read book Democracy in Occupied Japan written by Mark E. Caprio and published by Routledge. This book was released on 2007-03-06 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.