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Author: Giorgio Fabio Colombo
Publisher: Taylor & Francis
ISBN: 100083476X
Category : History
Languages : en
Pages : 138
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Book Description
This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
Author: Giorgio Fabio Colombo
Publisher: Taylor & Francis
ISBN: 100083476X
Category : History
Languages : en
Pages : 138
Get Book Here
Book Description
This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Category : Political Science
Languages : en
Pages : 239
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Book Description
How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.
Author: Alfred Christian Oppler
Publisher: Princeton University Press
ISBN: 1400870615
Category : History
Languages : en
Pages : 368
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Book Description
After a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author describes the wide scope of his activities, which included a vigorous promotion of civil liberties, surveillance of relevant legislation, and observation of the administration of justice throughout the country. He focuses on the Continental nature of the Japanese law and analyzes the American objectives as well as the personalities of the Occupation and of Japanese with whom he negotiated. Special chapters describe the Supreme Court mission to the United States (which the author escorted), the removal of General MacArthur, and the author's post-Occupation work on Japanese, Korean, and Ryukyuan problems. Treating all aspects of the legal reforms, this book provides insights into Japan during and after the Occupation. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Yūji Iwasawa
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 408
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Book Description
(A) Right to vote
Author: Daniel H. Foote
Publisher: University of Washington Press
ISBN: 0295801352
Category : Social Science
Languages : en
Pages : 704
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Book Description
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.
Author: S. C. M. Paine
Publisher: Cambridge University Press
ISBN: 1107011957
Category : History
Languages : en
Pages : 223
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Book Description
An accessible, analytical survey of the rise and fall of Imperial Japan in the context of its grand strategy to transform itself into a great power.
Author: Jolyon Baraka Thomas
Publisher: University of Chicago Press
ISBN: 022661882X
Category : Religion
Languages : en
Pages : 371
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Book Description
Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom. Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189
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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Lisa Yoneyama
Publisher: Duke University Press
ISBN: 0822374110
Category : Social Science
Languages : en
Pages : 319
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Book Description
In Cold War Ruins Lisa Yoneyama argues that the efforts intensifying since the 1990s to bring justice to the victims of Japanese military and colonial violence have generated what she calls a "transborder redress culture." A product of failed post-World War II transitional justice that left many colonial legacies intact, this culture both contests and reiterates the complex transwar and transpacific entanglements that have sustained the Cold War unredressability and illegibility of certain violences. By linking justice to the effects of American geopolitical hegemony, and by deploying a conjunctive cultural critique—of "comfort women" redress efforts, state-sponsored apologies and amnesties, Asian American involvement in redress cases, the ongoing effects of the U.S. occupation of Japan and Okinawa, Japanese atrocities in China, and battles over WWII memories—Yoneyama helps illuminate how redress culture across Asia and the Pacific has the potential to bring powerful new and challenging perspectives on American exceptionalism, militarized security, justice, sovereignty, forgiveness, and decolonization.
Author: Jeanne Guillemin
Publisher: Columbia University Press
ISBN: 0231544987
Category : History
Languages : en
Pages : 542
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Book Description
In the aftermath of World War II, the Allied intent to bring Axis crimes to light led to both the Nuremberg trials and their counterpart in Tokyo, the International Military Tribunal of the Far East. Yet the Tokyo Trial failed to prosecute imperial Japanese leaders for the worst of war crimes: inhumane medical experimentation, including vivisection and open-air pathogen and chemical tests, which rivaled Nazi atrocities, as well as mass attacks using plague, anthrax, and cholera that killed thousands of Chinese civilians. In Hidden Atrocities, Jeanne Guillemin goes behind the scenes at the trial to reveal the American obstruction that denied justice to Japan’s victims. Responsibility for Japan’s secret germ-warfare program, organized as Unit 731 in Harbin, China, extended to top government leaders and many respected scientists, all of whom escaped indictment. Instead, motivated by early Cold War tensions, U.S. military intelligence in Tokyo insinuated itself into the Tokyo Trial by blocking prosecution access to key witnesses and then classifying incriminating documents. Washington decision makers, supported by the American occupation leader, General Douglas MacArthur, sought to acquire Japan’s biological-warfare expertise to gain an advantage over the Soviet Union, suspected of developing both biological and nuclear weapons. Ultimately, U.S. national-security goals left the victims of Unit 731 without vindication. Decades later, evidence of the Unit 731 atrocities still troubles relations between China and Japan. Guillemin’s vivid account of the cover-up at the Tokyo Trial shows how without guarantees of transparency, power politics can jeopardize international justice, with persistent consequences.
