Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)


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Just as importantly, they yearn for a more humane, "communitarian" response, "whereby tortfeasors face up to victims and reflect on how they may ease the victims' pain and suffering". Yet one might wonder whether Tanase's concerns, while normatively appealing, were and remain somewhat exaggerated. Like several other civil law jurisdictions, Japan places a great emphasis on the rights of the tenant , and landlords are generally not allowed to unilaterally terminate leases without "just cause", a very narrowly construed concept.

Many landlords are forced to buy out their tenants if they wish to demolish buildings to make way for new development: one well-known contemporary instance is the Roppongi Hills complex, which offered several previous tenants special deals on apartments. Despite this emphasis on tenant rights, the government exercises a formidable eminent domain power and can expropriate land for any public purpose as long as reasonable compensation is afforded. This power was famously used in the wake of World War II to dismantle the estates of the defunct peerage system and sell their land to farmers at very cheap rates one historical reason for agriculture's support of LDP governments.

Narita International Airport is another well-known example of eminent domain power in Japan. The Code of Civil Procedure is the basic law on civil procedure.

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The reformed Code came into effect in After an initial complaint to the court, the Court schedules the first session of the oral proceeding. The court clerk serves a summons on the defendant to notify him of the date of the first session, along with a copy of the complaint and documentary evidence. The defendant's lawyer must then file an answer to the complaint. At the first session of the oral proceeding after the filing of the complaint and answer, the judge decides whether the case should proceed under the Preparatory Proceeding.

A Preparatory Proceeding is closed to the public and held chiefly to identify the key issues of the dispute. In a complex dispute, there are usually multiple Preparatory Proceedings. The Oral Proceedings are held in open court, either by a single judge or three judges.

After the close proceedings, the court renders a judgment on the merits of the case. Japan's current corporate law is based upon the Commercial Code as amended through December 30, Under Japanese law the basic types of companies are:. See: Criminal justice system of Japan. Before the Meiji period — , the powers of the Tokugawa shogunate , or the judges they appointed, possessed a large amount of discretion, which often resulted in the abuse of power.

Capital punishment was the main measure of dealing with offenders in the criminal justice system. Under feudalism, authorities frequently used the death penalty against political rivals. However, after the Meiji Restoration , as Western culture was introduced, the government established new laws reflecting a gradually modernizing Japanese society.

The 48 Laws of Power (Animated)

In , criminal law and prison law were passed in an effort to bring Japan into line with Western countries. However, the rights of offenders did not become a main issue in the criminal justice system until the post-war period. Based on the new Constitution, Criminal Procedure Law was radically changed toward the adoption of an adversarial system. Under this system, the roles of the police, the prosecutor, and the judge changed.

Unfortunately, immediately following this innovation, a series of cases resulted in a miscarriage of justice partly because the police were not accustomed to the new system. Although a jury system came into force in , it was practically never used because of inflexibility in the ongoing criminal justice system at that time.

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In addition, professional judges have always enjoyed a high level of trust in Japanese society. After the war, the police began to carry guns instead of sabers, according to the advice of the United States. Arguments were frequently made for reforming the main laws such as the Criminal Law , the Juvenile Law and the Prisons Law However, plans for reform were controversial because they addressed delicate issues, such as the introduction of protective measures to Criminal Law, juvenile punishment, or the abolition of the practice of imprisoning defendants in police cells.

Japanese society is relatively conservative in its approach to reforms and is generally inclined to oppose them. The government attempts to reform older laws by issuing a series of supplements. In , a governmental advisory commission drafted forty principles to be included in the revision of the penal code that a few years later were used as the basis of a provisional "Revised Penal Code of Japan", published in While this document itself does not remain as the present form of the penal code of Japan it was largely influential to its construction and has informed the judicial interpretation of the modern code.

The criminal justice system reflects the state's task of protecting individual interests in daily life. Crimes against life, person, and freedom include homicide, assault, bodily injury, forcible rape, indecent assault, and kidnapping. Crimes against property include theft, fraud, robbery, extortion, and embezzlement. The concept of theft has a very broad meaning and includes burglary, shoplifting, and stealing the goods in a car.

Stealing bicycles from in front of railway stations is a typical theft according to criminal statistics. Crimes which significantly cause social disorder, like arson, indecent behavior in the public, and gambling, are usually placed in a category of crimes against society. Bribery is considered a crime against the state.


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Police, prosecution, court, correction and after-care divisions each publish their own statistics as a yearbook. Because of the nationwide unitary system of these agencies, such a complete portrayal of the crime situation in Japan is possible. The number of reported crimes which follows is derived from the summary of the White Paper on Crime, for See: Japanese copyright law , Japanese patent law , and Japanese trademark law. See: Family law in Japan.

Basics of the Japanese employment law are established in the Japanese Constitution, which was framed in large part with an eye toward the U. As such, employment laws in Japan are very similar to those in the U.

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Most terms and conditions of employment are provided by the company's work rules, which may be drawn up and varied unilaterally. About 42 per cent of the private sector workforce is employed in firms with fewer than ten employees. Consequently, these employers are exempt from the legal obligation to provide formal work rules in respect of their employees.

Under the Japanese Constitution, citizens are guaranteed the right to maintain the minimum standards of a wholesome and cultured life s. These are to be maintained through the right to work s. The Constitution also guarantees certain work-related rights.

Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)

Wages, hours and other working conditions must be fixed by law s. Under the Industrial Safety and Health Act of ISHA , employers bear the major responsibility for the prevention of occupational disease and accident through an integrated scheme of insurance and safety and health management. Since the commission makes basic policy while the NPA administers police affairs, the commission has control over the NPA.

The commission is a governmental body responsible mainly for the administrative supervision of the police and coordination of police administration. It also oversees matters relating to police education, communication, criminal identification, criminal statistics and police equipment. To ensure its independence and neutrality, not even the Prime Minister is empowered to direct and give orders to the NPSC.

There are seven bureaus in the major cities, excluding Tokyo and the northern island of Hokkaido. Police law stipulates that each prefectural government, which is a local entity, shall have its own Prefectural Police PP. The PP is supervised by the Prefectural Public Safety Commission, which carries out all police duties within the boundaries of the prefecture. In practice, the PP forces are located in each of the 47 prefectures. Originally created by the Japanese police, this system has been recently adopted by countries such as Germany and Singapore.

However, its success depends on the human relationship between the police officers and the community people. At times, there is an excess of intervention by police. The Koban system rests on approximately 15, police boxes Hasshusho and residential police boxes Chuzaisho located throughout the country. 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.

A comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the separation of power from authority and concomitant weakness of coercive legal controls have assured the development and strength of informal community controls. Convert currency. Add to Basket. Condition: New. More information about this seller Contact this seller. Book Description Oxford University Press, Learn more. If you have previously obtained access with your personal account, Please log in. If you previously purchased this article, Log in to Readcube.

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Log out of ReadCube. This article examines the lost property regime of Japan, which has one of the most impressive reputations in the world for returning lost property to its rightful owner, and compares it with that of the United States. In this article, I focus on another possible explanation: legal institutions that efficiently and predictably allocate and enforce possessory rights.

Volume 37 , Issue 2.

Authority without Power : Law and the Japanese Paradox

The full text of this article hosted at iucr. If you do not receive an email within 10 minutes, your email address may not be registered, and you may need to create a new Wiley Online Library account. If the address matches an existing account you will receive an email with instructions to retrieve your username. Mark D. West Corresponding Author 1. Search for more papers by this author.

Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)

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