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A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.
Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business
Japan's modern written law is Western. However, this law operates in a society whose values are pre-Western. In order to understand the function of modern law one has to study older systems of law as well. The main phases of Japan's pre-modern legal development are first, the indigenous customary law of the Yamato state. Next, the import and adaptation of Chinese codes from the 7th century onwards. Third, the use of Chinese legal techniques to bring order to the indigenous feudal law, culminating in the thirteenth century, and leading to the independence of Japan's legal system from that of China. Fourth, the mature system of written law and custom of the Tokugawa state. It is owing to the existence of well-functioning channels of law that Japan was able to modernise rapidly.
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.
This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law. This makes this book an essential reference work for all who have an interest in Japanese law.
The nation state as we know it is a mere four or five hundred years old. Remarkably, a central government with vast territorial control emerged in Japan at around the same time as it did in Europe, through the process of mobilizing fiscal resources and manpower for bloody wars between the 16th and 17th centuries. This book, which brings Japan's case into conversation with the history of state building in Europe, points to similar factors that were present in both places: population growth eroded clientelistic relationships between farmers and estate holders, creating conditions for intense competition over territory; and in the ensuing instability and violence, farmers were driven to make Hobbesian bargains of taxes in exchange for physical security.
This title provides an in-depth and comprehensive look at Japanese law, primarily looking at private law. Updated to include new case law, amendments, judgements, and Supreme Court cases since the last edition in 2009, this is an essential work for all dealing with Japanese law.
This biography of the first foreign-born samurai and his journey from Africa to Japan is “a readable, compassionate account of an extraordinary life” (The Washington Post). When Yasuke arrived in Japan in the late 1500s, he had already traveled much of the known world. Kidnapped as a child, he had ended up a servant and bodyguard to the head of the Jesuits in Asia, with whom he traversed India and China learning multiple languages as he went. His arrival in Kyoto, however, literally caused a riot. Most Japanese people had never seen an African man before, and many of them saw him as the embodiment of the black-skinned Buddha. Among those who were drawn to his presence was Lord Nobunaga, head of the most powerful clan in Japan, who made Yasuke a samurai in his court. Soon, he was learning the traditions of Japan’s martial arts and ascending the upper echelons of Japanese society. In the four hundred years since, Yasuke has been known in Japan largely as a legendary, perhaps mythical figure. Now African Samurai presents the never-before-told biography of this unique figure of the sixteenth century, one whose travels between countries and cultures offers a new perspective on race in world history and a vivid portrait of life in medieval Japan. “Fast-paced, action-packed writing. . . . A new and important biography and an incredibly moving study of medieval Japan and solid perspective on its unification. Highly recommended.” —Library Journal (starred review) “Eminently readable. . . . a worthwhile and entertaining work.” —Publishers Weekly “A unique story of a unique man, and yet someone with whom we can all identify.” —Jack Weatherford, New York Times–bestselling author of Genghis Khan