By John Owen Haley

ISBN-10: 0195092570

ISBN-13: 9780195092578

ISBN-10: 1423765052

ISBN-13: 9781423765059

This e-book deals a entire interpretive research of the function of legislation in modern Japan. Haley argues that the weak spot of felony controls all through eastern heritage has guaranteed the improvement and energy of casual group controls according to customized and consensus to take care of order--an order characterised by way of amazing balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes by means of exhibiting how Japan's vulnerable felony process has bolstered preexisting styles of extralegal social regulate, therefore explaining the various primary paradoxes of political and social lifestyles in modern Japan.

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Extra resources for Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)

Sample text

For Japan to have incorporated such ideas as a whole would have thus necessitated an act of political submission. Borrowed Confucianist norms defining crimes and establishing penalties and procedures of the ritsuryo could perhaps be adapted to Japanese patterns of kinship relations with relative ease. 46 Emperors and Edicts 31 Japan also made a significant departure from Chinese models in an early separation of authority from power. In Japan the imperial institution served from the start primarily as the locus and source of political legitimacy.

The law prescribed the consequences but enforcement was left to the parties. The Chinese magistrate, in contrast, had full authority and control over enforcement. " 9 Not restricted to issues or facts asserted by the parties nor compelled to do anything more than to commence proceedings, at least with respect to the parties, the Chinese magistrate exercised within the restraints of relevant regulation complete discretion over the application of coercive sanctions or remedies. 12 Whether by illegal circumvention or legitimate authority, the magistrate in fact controlled the process from start to finish.

D. 662, a set of administrative instructions [ryo] was promulgated, followed later by the introduction of a series of penal statutes [ritsu]. The first known compilation of a complete, integrated "code" of penal statutes and administrative instruction in what became the standard ritsuryo legislative pattern came in 702 with the promulgation of the Taiho ritsuryo. This legislation was revised by what is now known as the Yoro ritsuryo in 718. These legislative innovations were important not only for the substantive reforms they effected but also in establishing the basic pattern for subsequent Japanese legislation.

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Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) by John Owen Haley

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