Download Free The Japanese Legal Profession In Transition Book in PDF and EPUB Free Download. You can read online The Japanese Legal Profession In Transition and write the review.

This informative book examines examples of law reform projects in post-socialist and post-authoritarian states in Asia, identifies common problems, and proposes analytical frameworks for understanding them.
Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan’s legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600–1868), they worked from the shadows to bend the shogun’s law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868–1912). This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation’s public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highlights its lasting contributions in founding private universities, political parties, and a national association of lawyers that contributed to legal reform during the twentieth century.
In the past few decades, societies in Asia have experienced rapid and dramatic changes in their economic, social and political spheres. Despite the wide diversity among these countries, a few general trends can be observed. Globalization has swept across Asia, bringing intensive economic interactions, with a strong commitment to liberalism and market capitalism. Wage labour has become the common form of employment. Individuals, as well as countries, are increasingly exposed to the competitive and uncertain global market. Employment protection, particularly for vulnerable labour groups – youth, women, seniors and migrants – has become a pressing issue for most Asian governments. Industrialization and urbanization have had a major impact on demographics, family structures and normative frameworks. The declining fertility rate has been recognized as a defining feature of a modern society, leading to small families and reducing instances of multi-generational co-residency. Changing family structures have contributed to changes in family values and roles, especially the role of women. Sometimes willingly, sometimes compelled, women are entering the workplace in increasing numbers, particularly as migrant workers. Similarly, the elderly are experiencing changes in their roles and participation in society. Family duties compete, and are often in conflict with, the demands of work. The issue of providing adequate and quality care to family members has been exacerbated by the fact that Asian societies are ageing. It is commonly acknowledged that, in Asian societies, personal care and support needs are primarily met by family – both immediate and extended – and, to a lesser degree, by community networks. Governments had gradually established their own social welfare systems in an effort to support economic growth and sustain their legitimacy by meeting certain recognized social needs. The success of these ventures varies across societies, and, naturally, there have been criticisms of the breadth and depth of these provisions. This book addresses social issues related to family, ageing and work that arise from these changes in Japan, Korea, Taiwan, Hong Kong, China, Philippine and Sri Lanka. These societies represent different levels of economic and social development, but face similar challenges and their social interventions can be usefully compared. This variety of subjects provides the reader with a more comprehensive understanding of the changes that have occurred, the problems that have emerged and the strategies that have been adopted. This volume provides insight into ways of addressing social issues in this rapidly changing part of the world.
Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
In the literature on Indonesian legal history, the role of language has been paid scant attention. Even the replacement of Dutch by Indonesian as the official language of the law, surely a major event for the work of Indonesian jurists, has not been closely examined. Yet, since the early 1970s, legal usage and terminology have been the topic of a steady stream of highly critical publications by linguists and, remarkably, by jurists as well. Their criticism is focused on the heterogeneity of law language and terminology, and the deviation of legal usage from the official standard language. Government measures (language courses, law dictionaries) have not allayed this criticism. This study exposes two fundamental defects in the government measures and in the criticism itself. Firstly, they are grounded in an instrumental approach to language, an approach that sees language as a mere tool of the jurist, and as secondary in importance to the conceptual world that is considered law’s core business. Secondly, they greatly underestimate the impact of the declining knowledge of Dutch upon the development of Indonesian law language. Massier argues that the law must be viewed as inextricably bound up with the language in which it is formulated. Consequently, legal training and practice are examined in this study in terms of language behaviour and conventions, of learning, writing and speaking the languages of the law. The voice of the law in transition provides a language history of Indonesian law and its practitioners.
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.