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Examines the relationship between social movements and the law in bringing about social change in Japan
Going to Court to Change Japan takes us inside movements dealing with causes as disparate as death by overwork, the rights of the deaf, access to prisoners on death row, consumer product safety, workers whose companies go bankrupt, and persons convicted of crimes they did not commit. Each of the six fascinating case studies stands on its own as a detailed account of how a social movement has persisted against heavy odds to pursue a cause through the use of the courts. The studies pay particular attention to the relationship between the social movement and the lawyers who handle their cases, usually pro bono or for minimal fees. Through these case studies we learn much about how the law operates in Japan as well as how social movements mobilize and innovate to pursue their goals using legal channels. The book also provides a general introduction to the Japanese legal system and a look at how recent legal reforms are working. Going to Court to Change Japan will interest social scientists, lawyers, and anyone interested in the inner workings of contemporary Japan. It is suitable for use in a wide range of undergraduate and graduate courses on Japan in social sciences and law, and can also provide a comparative perspective to general courses in these fields. Contributors include John H. Davis Jr., Daniel H. Foote, Patricia L. Maclachlan, Karen Nakamura, Scott North, Patricia G. Steinhoff, and Christena Turner.
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.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
This book explores the politics of anti-nuclear activism in Tokyo after the Fukushima nuclear disaster of March 2011. Analyzing the protests in the context of a longer history of citizen activism in Tokyo, it also situates the movement within the framework of a global struggle for democracy, from the Arab Spring to Occupy Wall Street. By examining the anti-nuclear movement at both urban and transnational scales, the book also reveals the complex geography of today’s globally connected social movements. It emphasizes the contestation of urban space by anti-nuclear activists in Tokyo and the weaving together of urban and cyber space in their praxis. By focusing on the cultural life of the movement—from its characteristic demonstration style to its blogs, zines and pamphlets—this book communicates activists’ voices in their own words. Based on excellent ethnographic research, it concludes that the anti-nuclear protests in Tokyo after the Fukushima disaster have redefined social movement politics for a new era. Providing an analysis of a unique period in Japan’s contemporary urban history from the perspective of eyewitness observations, this book will be useful to students and scholars of Japanese Politics, Sociology and Japanese Studies in general.
It is a time when women in many parts of the world are questioning the roles, life styles, and values by which women have lived for centuries. The contributors are American women engaged in studying various aspects of the life patterns of Japanese women in many walks of life and have published their findings in this volume. We come from a variety
The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.
How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
The Japanese koseki system is the legal and social structure keeping record of all Japanese citizens. Determined by the Civil Code and the Koseki Law, for activists challenging it, the koseki is also an ideological structure, which has produced patriarchal control through single-surname households. Based on ethnographic fieldwork in Tokyo, this book engages with issues of gender hierarchy and structural inequality in Japanese society. Studying several decades of feminist activism and critique of the koseki system, it analyses the strategies of activists who have creatively circumvented koseki rules in order to maintain their natal names in marriage. It examines the case studies of members of the fūfubessei (separate surname movement) and the movement to end discrimination against children born out of wedlock, and in so doing this book illuminates the contradictions in current family law and koseki practice that have animated a generation of feminists in Japan. Demonstrating the effect of the koeski on family, gender, and national identity, this book will be useful for students and scholars of Cultural Anthropology, Gender Studies, and Japanese Studies in general.
Tenkin, or corporate transfers in the Japanese contexts, is a mandated practice. Workers have little discretion. If workers are dual-career couples with small children, how do they manage it? Tenkin and Career Management in a Changing Japan answers this question through qualitative interviews with human resource department managers in large firms and married, white-collar workers, and participant observation in social events. The research uncovered that the culturally normative, gendered nature of tenkin is produced and reproduced by Japanese firms’ capitalists’ logic and gendered family assumptions, while some firms attempted to advance diversification and inclusion, and the dual-career couples are also becoming the actors of tenkin through negotiation. The author discusses these dual-career couples’ agency (Ortner 2006) and argues that for structural change to happen in Japan, the essential concept of care should count in the discussion of career management for all workers.