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This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan.
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.
外国人研究者の視点から、日本法の歴史的形成・発展や現代法の構造や制度を英語で解説。外国人学習者・研究者に最適なテキスト。
This book explores censorship, particularly film and video censorship, in Japan in modern times. It shows how most censorship has been the film and video industry exercising self-censorship and how this system has been problematic in that it has allowed dominant players in the industry to impose their own standards and exclude independent filmmakers. It outlines notable obscenity cases and discusses how industry self-censorship bodies have been undermined both by industry outsiders setting up their own alternative regimes and by the industry self-censorship bodies themselves being prosecuted for obscenity. The book also examines the conflict between the obscenity law, introduced in Meiji times when Japan was importing Western models, and the freedom of speech law, which was put in place by the US occupation administration after World War II. The book concludes by assessing the current state of censorship in Japan and likely future developments.
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
The kinds of punishment used in a society have long been considered an important criterion in judging whether a society is civilized or barbaric, advanced or backward, modern or premodern. Focusing on Japan, and the dramatic revolution in punishments that occurred after the Meiji Restoration, Daniel Botsman asks how such distinctions have affected our understanding of the past and contributed, in turn, to the proliferation of new kinds of barbarity in the modern world. While there is no denying the ferocity of many of the penal practices in use during the Tokugawa period (1600-1868), this book begins by showing that these formed part of a sophisticated system of order that did have its limits. Botsman then demonstrates that although significant innovations occurred later in the period, they did not fit smoothly into the "modernization" process. Instead, he argues, the Western powers forced a break with the past by using the specter of Oriental barbarism to justify their own aggressive expansion into East Asia. The ensuing changes were not simply imposed from outside, however. The Meiji regime soon realized that the modern prison could serve not only as a symbol of Japan's international progress but also as a powerful domestic tool. The first English-language study of the history of punishment in Japan, the book concludes by examining how modern ideas about progress and civilization shaped penal practices in Japan's own colonial empire.