The Rule of Law in Japan

Author: Carl F. Goodman
Publisher: Kluwer Law International
ISBN: 9789041127501
Release Date: 2008
Genre: Law

Since publication of the first edition, practitioners who deal with Japanese law have put great store in this major work, which systematically compares U.S. law and Japanese law across all the major fields of legal practice. Japan's legal system has changed dramatically since the publication of the Second Revised Edition as a consequence of Legislation and Supreme Court decisions in such diverse areas as public law (including administrative, election, constitutional and criminal law) as well as private law (including custody, assisted reproduction technology, labor law, discrimination, corporate governance, civil litigation, etc.). This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today while adding new chapters on Freedom of Expression and Conflict of Laws. Author Carl Goodman--an internationally known authority with extensive experience in international practice, university teaching in both Japan and the U.S., and U.S. government service--takes expert stock of these new developments, including the following: the ongoing liberalization of corporation law; the changes in criminal law brought about as a consequence of the system of lay/professional judges; the codification and clarification of rules dealing with transnational jurisdiction; protection of corporate whistleblowers; an evaluation of the revamping of the education system for lawyers; the new law governing choice of law questions in international cases; the protections extended to the growing temporary work force; freedom of religion--shrines on public lands--and freedom of conscience--teachers and the National Anthem; modified criminal law procedural protections and new rules for judicial evaluation of circumstantial evidence cases; communitarianism and Japanese law; continuing growth in judicial review including constitutional and administrative cases; and family law--surrogacy, adoption, ART, international custody and the Hague Convention, Gender Identity disorder, brain death, organ transplantation etc. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that 'what you see may not be what you get.' For this reason, and for its comprehensive coverage, this third edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.

The Rule of Law in Japan

Author: Carl F. Goodman
Publisher: Kluwer Law International
ISBN: 9789041189035
Release Date: 2003-01-01
Genre: Law

This book discusses various Japanese legal topics in comparison to the United States approach to these same topics and analyzes whether what you see as the written law in Japan is what you get in reality. The foundation for the present Japanese legal system is explored, as is the structure, makeup, and independence of the Japanese judiciary and legal professions. The application of the Japanese Constitution to activities of and limitations on powers of the Japanese government are analyzed, as are the scope and limitations of the Japanese constitutional guarantees of religious freedom, sexual equality, equal rights, and rights of the criminally accused. The special Renunciation of War clause of the Japanese Constitution and court decisions dealing with the clause are analyzed to discover how the clause has gone from prohibiting all military establishments to permitting a world class military. Substantive legal areas, including contracts, treaties, and corporate law, are discussed. The Japanese civil litigation system, the perceived shortcoming in that system and currently ongoing steps at judicial reform are analyzed. Similarly, the attempt of the American Occupation to significantly change the administrative law of Japan by incorporating American legal concepts in Japanese administrative law is compared to the actual legal state of affairs in Japan. The text discusses the concepts underlying the reasons for the difference between the written law in Japan and the actual working of the Japanese legal system and considers how the ongoing process of judicial reform in Japan, which has as its stated goal the advancement of the Rule of Law, may affect changes in the legal system as Japan moves its legal system into the 21st Century.

The Changing Role of Law in Japan

Author: Dimitri Vanoverbeke
Publisher: Edward Elgar Publishing
ISBN: 9781783475650
Release Date: 2014-06-27
Genre: Law

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

Asian Discourses of Rule of Law

Author: Randall P. Peerenboom
Publisher: Psychology Press
ISBN: 0415326125
Release Date: 2004-01
Genre: History

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Who Rules Japan

Author: Leon Wolff
Publisher: Edward Elgar Publishing
ISBN: 9781784717490
Release Date: 2015-04-30
Genre: Law

The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba

The Japanese American Cases

Author: Roger Daniels
Publisher: Landmark Law Cases & American
ISBN: 0700619267
Release Date: 2013
Genre: History

"Focuses on four Supreme Court cases involving Japanese Americans who were forcibly detained and relocated to interment camps in the early months of World War II, despite the absence of any charges or trials to address the validity of their implied guilt. Daniels, one of the acclaimed authorities on this subject, reminds us that Constitution promises much but does not always deliver when the nation is in crisis"--

Legal Reform in Taiwan under Japanese Colonial Rule 1895 1945

Author: Tay-sheng Wang
Publisher: University of Washington Press
ISBN: 9780295803883
Release Date: 2015-04-28
Genre: History

Taiwan�s modern legal system--quite different from those of both traditional China and the People�s Republic--has evolved since the advent of Japanese rule in 1895. Japan has gradually adopted Western law during the 19th-century and when it occupied Taiwan--a frontier society composed of Han Chinese settlers--its codes were instituted for the purpose of rapidly assimilating the Taiwanese people into Japanese society. Tay-sheng Wang�s comprehensive study lays a solid foundation for future analyses of Taiwanese law. It documents how Western traditions influenced the formation of Taiwan�s modern legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law.

Japanese Legal System

Author: Dean
Publisher: Cavendish Publishing
ISBN: 9781843143222
Release Date: 2002-02-14
Genre: Law

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

East Asia s Renewed Respect for the Rule of Law in the 21st Century

Author: Setsuo Miyazawa
Publisher: Hotei Publishing
ISBN: 9789004274204
Release Date: 2015-03-13
Genre: Law

This volume showcases the most recent research by East Asian legal specialists from all over the world on the future of the legal and judicial landscape in East Asia and renewed respect for the rule of law in the 21st century.

The Rule of Law

Author: Tom Bingham
Publisher: Penguin UK
ISBN: 9780141962016
Release Date: 2011-07-07
Genre: Law

'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

The Constitution of Japan

Author: Shigenori Matsui
Publisher: Bloomsbury Publishing
ISBN: 9781847316110
Release Date: 2010-11-30
Genre: Law

Japan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an historical background and context which help explain its significance. Major topics covered include the constitutional history of Japan, fundamental principles of the Constitution, the people and the Emperor, the Diet and legislative power, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights - pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a conservative party over the Government, the relatively strong power of government bureaucrats, the absence of a leadership role in the Prime Minister, the small role the judiciary play in solving constitutional disputes and the struggle over national defence. Written in an accessible style and comprehensive in content, the reader will find this account of the constitutional law of Japan both unique and stimulating.

A History of Law in Japan Until 1868

Author: Carl Steenstrup
Publisher: BRILL
ISBN: 9004104534
Release Date: 1996-01-01
Genre: Social Science

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.

Authoritarian Rule of Law

Author: Jothie Rajah
Publisher: Cambridge University Press
ISBN: 9781107378766
Release Date: 2012-04-16
Genre: Law

Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured. This book offers a valuable and original contribution to understanding the complexities of law, language and legitimacy in our time.