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Author: John Owen Haley
Publisher: University of Georgia Press
ISBN: 0820328871
Category : Law
Languages : en
Pages : 277
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Book Description
The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
Author: John Owen Haley
Publisher: University of Georgia Press
ISBN: 0820328871
Category : Law
Languages : en
Pages : 277
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Book Description
The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
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: Charles McClain
Publisher: Routledge
ISBN: 1135583730
Category : Law
Languages : en
Pages : 368
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Book Description
First Published in 1995. Since many Japanese immigrants focused on agriculture, California and other western states sought to discourage their presense by passing laws making it impossible for Japanese to own agricultural land and enacted other discriminatory as well. The articles in this volume explore the background and ramifications of the so-called Alien Land laws and other anti-Japanese measures and the fascinating legal challenges that ensued.
Author: Hiroshi Oda
Publisher: OUP Oxford
ISBN: 019101883X
Category : Law
Languages : en
Pages : 1443
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Book Description
This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law. This makes this book an essential reference work for all who have an interest in Japanese law.
Author: Henry P. Bowie
Publisher:
ISBN:
Category : Painting, Japanese
Languages : en
Pages : 264
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Book Description
Author: Petra Schmidt
Publisher: BRILL
ISBN: 9789004124219
Category : Law
Languages : en
Pages : 224
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Book Description
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.
Author: Carl F. Goodman
Publisher: Kluwer Law International B.V.
ISBN: 9041186751
Category : Law
Languages : en
Pages : 401
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Book Description
Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. 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 new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.
Author: Marcia C. Inhorn
Publisher: Berghahn Books
ISBN: 1789209005
Category : Social Science
Languages : en
Pages : 424
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Book Description
The concept of “Waithood” was developed by political scientist Diane Singerman to describe the expanding period of time between adolescence and full adulthood as young people wait to secure steady employment and marry. The contributors to this volume employ the waithood concept as a frame for richly detailed ethnographic studies of “youth in waiting” from a variety of world areas, including the Middle East Africa, Asia, Europe, Latin America and the U.S, revealing that whether voluntary or involuntary, the phenomenon of youth waithood necessitates a recognition of new gender and family roles.
Author: Hiroo Sono
Publisher:
ISBN: 9789403507415
Category : Contracts
Languages : en
Pages : 0
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Author: John Owen Haley
Publisher: Oxford University Press
ISBN: 0195357795
Category : Law
Languages : en
Pages : 269
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Book Description
This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.
