Justice And International Law In Meiji Japan

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Justice and International Law in Meiji Japan

Author : Giorgio Fabio Colombo
Publisher : Taylor & Francis
ISBN 13 : 100083476X
Total Pages : 138 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Justice and International Law in Meiji Japan by : Giorgio Fabio Colombo

Download or read book Justice and International Law in Meiji Japan written by Giorgio Fabio Colombo and published by Taylor & Francis. This book was released on 2023-02-10 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Japan and International Law

Author : Nisuke Andō
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111944
Total Pages : 448 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis Japan and International Law by : Nisuke Andō

Download or read book Japan and International Law written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

Japanese Legal System

Author : Dean
Publisher : Cavendish Publishing
ISBN 13 : 1843143224
Total Pages : 596 pages
Book Rating : 4.8/5 (431 download)

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Book Synopsis Japanese Legal System by : Dean

Download or read book Japanese Legal System written by Dean and published by Cavendish Publishing. This book was released on 2002-02-14 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Lectures on Japanese Law from a Comparative Perspective

Author : Luis Pedriza
Publisher : 大阪大学出版会
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Lectures on Japanese Law from a Comparative Perspective by : Luis Pedriza

Download or read book Lectures on Japanese Law from a Comparative Perspective written by Luis Pedriza and published by 大阪大学出版会. This book was released on 2017-10-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: 外国人研究者の視点から、日本法の基本的な特徴を英語で広く世界に発信する。一般的に日本法は明治維新後に外国法がどのように継受、修正されたかが問題とされるが、本書では特に、日本法を取り囲む様々な基層を踏まえつつ、古代国家の成立から現代に至る日本法の歴史的形成・発展や特徴を、物語として記述する。また、現代日本の法及び制度を包括的に解説しており、日本法を学び、研究する外国人にとっても最適な一冊である。 Written from the perspective of a non-Japanese scholar, this book aims at broadly divulging in English the basic features and traits of Japanese law. Generally, studies on Japanese law tend to focus on the problem of how foreign law has been received and modified in Japan after the Meiji Restoration. In an attempt to identify the different layers that constitute Japan's legal system, this work narrates the historical formation and development of Japanese law from Ancient to Modern times. It also provides a well-balanced and up-to-date account of the basic legal rules and institutions of Today's Japan. Thus, the book will be a perfect primer for non-Japanese students seeking to learn the basics of Japanese law. Publisher: Osaka University Press Author: Luis Pedriza moved to Japan as a postgraduate student in 2002. He obtained a Ph.D. in Public Law at the Graduate School of Law of Kyoto University in 2008. Subsequently, he was appointed as assistant professor at the same academic institution. In 2013, he became associated professor at the Graduate School of Law of Osaka University. Currently, he teaches Japanese Constitutional law and Comparative Constitutional law at the Faculty of Law of Dokkyo University.

Domestic Application of International Law

Author : Yuji Iwasawa
Publisher : BRILL
ISBN 13 : 9004523405
Total Pages : 344 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Domestic Application of International Law by : Yuji Iwasawa

Download or read book Domestic Application of International Law written by Yuji Iwasawa and published by BRILL. This book was released on 2022-10-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study on the application of international law in domestic law, with a particular focus on the concept of direct applicability. It critically examines the domestic application of international law and puts forward a new framework.

History of Law in Japan since 1868

Author : Wilhelm Röhl
Publisher : BRILL
ISBN 13 : 9047403576
Total Pages : 857 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis History of Law in Japan since 1868 by : Wilhelm Röhl

Download or read book History of Law in Japan since 1868 written by Wilhelm Röhl and published by BRILL. This book was released on 2004-11-01 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of Japan’s dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.

Japanese Legal System

Author : Meryll Dean
Publisher : Routledge
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis Japanese Legal System by : Meryll Dean

Download or read book Japanese Legal System written by Meryll Dean and published by Routledge. This book was released on 1997 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 contextualized 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.

Who Rules Japan?

Author : Leon Wolff
Publisher : Edward Elgar Publishing
ISBN 13 : 1784717495
Total Pages : 232 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Who Rules Japan? by : Leon Wolff

Download or read book Who Rules Japan? written by Leon Wolff and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Comparative Law

Author : Kenneth L. Port
Publisher :
ISBN 13 :
Total Pages : 854 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Comparative Law by : Kenneth L. Port

Download or read book Comparative Law written by Kenneth L. Port and published by . This book was released on 1996 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right to Life in Japan

Author : Noel Williams
Publisher : Routledge
ISBN 13 : 1134731256
Total Pages : 193 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis The Right to Life in Japan by : Noel Williams

Download or read book The Right to Life in Japan written by Noel Williams and published by Routledge. This book was released on 2002-09-11 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to Life in Japan is a study that brings new perspectives to bear on an extremely important topic for all those facing the moral dilemmas of such issues as abortion and the death penalty. It also helps to fill a gap in life, in social science and law studies of contemporary Japan. Noel Williams approaches the right to life in Japan from a legal viewpoint via a broad range of issues such as abortion, suicide, capital punishment and death from overwork. Following a discussion of law and rights in Japan from an historical perspective, the author examines the question of what life is in contemporary Japan and focuses on problematic areas which have arisen in life issues, including infringements of the right to life within the modern company organization, and by the state, as well as the question of the equality of the right to life.

The Rule of Law in Japan

Author : Carl F. Goodman
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186751
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Authority without Power

Author : John Owen Haley
Publisher : Oxford University Press
ISBN 13 : 0195357795
Total Pages : 269 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Authority without Power by : John Owen Haley

Download or read book Authority without Power written by John Owen Haley and published by Oxford University Press. This book was released on 1994-12-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Constitutional Case Law of Japan

Author : Hiroshi Itoh
Publisher : University of Washington Press
ISBN 13 : 9780295803982
Total Pages : 310 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The Constitutional Case Law of Japan by : Hiroshi Itoh

Download or read book The Constitutional Case Law of Japan written by Hiroshi Itoh and published by University of Washington Press. This book was released on 2016-06-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Case Law of Japan, 1970 through 1990, contains translations of 47 Japanese judicial decisions, selected after consultation with leading Japanese constitutional lawyers and judges. Landmark decisions, cases considered legally, socially, or politically importatn, and cases of special interest to the foreign scholar are included. Major areas covered are the renunciation of war, equality of rights, economic freedoms, rights related to the quality of life, rights of participation in election politics, procedural rights, and rights and freedoms of the spirit. A substantial introduction gives an overview of Japan’s constutionalism since 1945, and concisely explains the constitutional system and the courts and their roles. Brief summaries of the cases translated and cases not translated are provided.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Author : Yuki Tanaka
Publisher : BRILL
ISBN 13 : 9004215913
Total Pages : 436 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited by : Yuki Tanaka

Download or read book Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited written by Yuki Tanaka and published by BRILL. This book was released on 2011-06-09 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Second-Best Justice

Author : J. Mark Ramseyer
Publisher : University of Chicago Press
ISBN 13 : 022628204X
Total Pages : 296 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Second-Best Justice by : J. Mark Ramseyer

Download or read book Second-Best Justice written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2015-11-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Tokyo Tribunal: Perspectives on Law, History and Memory

Author : Marina Aksenova
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 828348138X
Total Pages : 480 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis The Tokyo Tribunal: Perspectives on Law, History and Memory by : Marina Aksenova

Download or read book The Tokyo Tribunal: Perspectives on Law, History and Memory written by Marina Aksenova and published by Torkel Opsahl Academic EPublisher. This book was released on 2020-10-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

Public Law, Private Practice

Author : Darryl E. Flaherty
Publisher : BRILL
ISBN 13 : 1684175240
Total Pages : 347 pages
Book Rating : 4.6/5 (841 download)

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Book Synopsis Public Law, Private Practice by : Darryl E. Flaherty

Download or read book Public Law, Private Practice written by Darryl E. Flaherty and published by BRILL. This book was released on 2020-03-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.