Author: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 022628204X
Category : Law
Languages : en
Pages : 296
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Book Description
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Author: Ashley Pearson
Publisher: Routledge
ISBN: 1351470507
Category : Comics & Graphic Novels
Languages : en
Pages : 289
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Book Description
In a world of globalised media, Japanese popular culture has become a signifi cant fountainhead for images, narrative, artefacts, and identity. From Pikachu, to instantly identifi able manga memes, to the darkness of adult anime, and the hyper- consumerism of product tie- ins, Japan has bequeathed to a globalised world a rich variety of ways to imagine, communicate, and interrogate tradition and change, the self, and the technological future. Within these foci, questions of law have often not been far from the surface: the crime and justice of Astro Boy; the property and contract of Pokémon; the ecological justice of Nausicaä; Shinto’s focus on order and balance; and the anxieties of origins in J- horror. This volume brings together a range of global scholars to refl ect on and critically engage with the place of law and justice in Japan’s popular cultural legacy. It explores not only the global impact of this legacy, but what the images, games, narratives, and artefacts that comprise it reveal about law, humanity, justice, and authority in the twenty-first century.
Author: David Ted Johnson
Publisher: Oxford University Press, USA
ISBN: 019511986X
Category : Language Arts & Disciplines
Languages : en
Pages : 340
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Book Description
The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments."--BOOK JACKET.
Author: Kaori H. Okano
Publisher: Routledge
ISBN: 1317803450
Category : Education
Languages : en
Pages : 203
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Book Description
This book is an up-to-date critical examination of schooling in Japan by an expert in this field. It focuses on developments in the last two decades, with a particular interest in social justice. Japan has experienced slow economic growth, changed employment practices, population decline, an aging society, and an increasingly multi-ethnic population resulting from migration. It has faced a call to respond to the rhetoric of globalization and to concerns in childhood poverty in the perceived affluence. In education we have seen developments responding to these challenges in national and local educational policies, as well as in school-level practices. What are the most significant developments in schooling of the last two decades? Why have these developments emerged, and how will they affect youth and society as a whole? How can we best interpret social justice implications of these developments in terms of both distributive justice and the politics of difference? To what extent have the shifts advanced the interests of disadvantaged groups? This book shows that, compared to three decades ago, the system of education increasingly acknowledges the need to address student diversity of all kinds, and delivers options that are more varied and flexible. But interest in social justice in education has tended to centre on the distribution of education (who gets how much of schooling), with fewer questions raised about the content of schooling that continues to advantage the already advantaged. Written in a highly accessible style, and aimed at scholars and students in the fields of comparative education, sociology of education and Japanese studies, this book illuminates changing policies and cumulative adjustments in the daily practice of schooling, as well as how various groups in society make sense of these changes.
Author: L. Craig Parker
Publisher:
ISBN: 9781611630862
Category : Crime
Languages : en
Pages : 0
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Book Description
There are many exciting and emerging developments in the justice systems of Japan and China. This book offers an analysis of the two systems with comparisons to the United States' system of criminal justice. Many of the issues explored reflect the fascinating cultural and historical foundations of the two countries. While sharing some interesting similarities, there are vast differences in how the criminal justice systems operate. One of the major themes of Crime and Justice in Japan and China is an examination of how each society's culture has influenced crime and justice. In fact it is evident that the cultural, economic and historical influences of these two Asian giants have had a more profound influence on their justice systems than the police, courts and prisons. "The discussion of the criminal justice system of and crime in Japan is an excellent introduction to these topics for the general reader and students new to the field of comparative criminal justice ... [R]eaders will come away with a better understanding of the highly politicized nature of the Chinese criminal justice system." --CHOICE Magazine
Author: Andrew Watson
Publisher: Springer
ISBN: 3319350773
Category : Social Science
Languages : en
Pages : 180
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Book Description
This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.
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: Laura Bui
Publisher: Springer
ISBN: 3030140970
Category : Social Science
Languages : en
Pages : 242
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Book Description
This book reviews research on psychology and crime in Japan, and compares the findings with similar research conducted in Western industrialised countries. It examines explanations for crime and antisocial behaviour in Japan using research and theories from a psychological perspective. Topics covered include cultural explanations, developmental and life-course criminology, family violence and family risk factors, youth crime and early prevention, school factors and bullying, mental disorders, biosocial factors, psychopathy and sexual offending. In some parts, it challenges and refines the prevailing belief that Japan is a society characterised by low crime and little antisocial behaviour. This original project is the most up-to-date work on crime in Japan, and advances the important field of psychological criminology.
Author: Sandra Wilson
Publisher: Columbia University Press
ISBN: 0231542682
Category : History
Languages : en
Pages : 436
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Book Description
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
Author: Yuki Tanaka
Publisher: BRILL
ISBN: 9004215913
Category : Law
Languages : en
Pages : 436
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Book Description
The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.
