LAW IN EVERYDAY JAPAN SEX SUMO SUICIDE AND STATUTES

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Law In Everyday Japan

Author : Mark D. West
ISBN : 9780226894096
Genre : Law
File Size : 48.67 MB
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Lawsuits are rare events in most people's lives. High-stakes cases are even less commonplace. Why is it, then, that scholarship about the Japanese legal system has focused almost exclusively on epic court battles, large-scale social issues, and corporate governance? Mark D. West's Law in Everyday Japan fills a void in our understanding of the relationship between law and social life in Japan by shifting the focus to cases more representative of everyday Japanese life. Compiling case studies based on seven fascinating themes—karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide—Law in Everyday Japan offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan. Each example is informed by extensive fieldwork. West interviews all of the participants-from judges and lawyers to defendants, plaintiffs, and their families-to uncover an everyday Japan where law matters, albeit in very surprising ways.
Category: Law

Secrets Sex And Spectacle

Author : Mark D. West
ISBN : 9780226894119
Genre : Law
File Size : 78.65 MB
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A leader of a global superpower is betrayed by his mistress, who makes public the sordid details of their secret affair. His wife stands by as he denies the charges. Debates over definitions of moral leadership ensue. Sound familiar? If you guessed Clinton and Lewinsky, try again. This incident involved former Japanese prime minister Sosuke Uno and a geisha. In Secrets, Sex, and Spectacle, Mark D. West organizes the seemingly random worlds of Japanese and American scandal—from corporate fraud to baseball cheaters, political corruption to celebrity sexcapades—to explore well-ingrained similarities and contrasts in law and society. In Japan and the United States, legal and organizational rules tell us what kind of behavior is considered scandalous. When Japanese and American scandal stories differ, those rules—rules that define what’s public and what’s private, rules that protect injuries to dignity and honor, and rules about sex, to name a few—often help explain the differences. In the cases of Clinton and Uno, the rules help explain why the media didn’t cover Uno’s affair, why Uno’s wife apologized on her husband’s behalf, and why Uno—and not Clinton—resigned. Secrets, Sex, and Spectacle offers a novel approach to viewing the phenomenon of scandal—one that will be applauded by anyone who has obsessed over (or ridiculed) these public episodes.
Category: Law

Lovesick Japan

Author : Mark D. West
ISBN : 0801461502
Genre : History
File Size : 85.58 MB
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In Lovesick Japan, Mark D. West explores an official vision of love, sex, and marriage in contemporary Japan. A comprehensive body of evidence-2,700 court opinions-describes a society characterized by a presupposed absence of physical and emotional intimacy, affection, and personal connections. In compelling, poignant, and sometimes horrifying court cases, West finds that Japanese judges frequently opine on whether a person is in love, what other emotions a person is feeling, and whether those emotions are appropriate for the situation. Sometimes judges' views about love, sex, and marriage emerge from their presentation of the facts of cases. Among the recurring elements are abortions forced by men, compensated dating, late-life divorces, termination fees to end affairs, sexless couples, Valentine's Day heartbreak, "soapland" bath-brothels, and home-wrecking hostesses. Sometimes the judges' analysis, decisions, and commentary are as revealing as the facts. Sex in the cases is a choice among private "normal" sex, which is male-dominated, conservative, dispassionate, or nonexistent; commercial sex, which caters to every fetish but is said to lead to rape, murder, and general social depravity; and a hybrid of the two, which commodifies private sexual relationships. Marriage is contractual; judges express the ideal of love in marriage and proclaim its importance, but virtually no one in the court cases achieves it. Love usually appears as a tragic, overwhelming emotion associated with jealousy, suffering, heartache, and death.
Category: History

Identity In Crossroad Civilisations

Author : Erich Kolig
ISBN : 9789089641274
Genre : Political Science
File Size : 20.16 MB
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Deze bundel gaat over de vorming van identiteit door het samenspel van etniciteit, nationalisme en de effecten van globalisering. De essays in Crossroad Civilisations: Ethnicity, Nationalism and Globalism in Asia maken de gelaagdheid en de complexiteit hiervan duidelijk.
Category: Political Science

Second Best Justice

Author : J. Mark Ramseyer
ISBN : 9780226282046
Genre : Law
File Size : 70.56 MB
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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.
Category: Law

Measuring Judicial Independence

Author : J. Mark Ramseyer
ISBN : 0226703878
Genre : Law
File Size : 82.94 MB
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The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
Category: Law

Precarious Japan

Author : Anne Allison
ISBN : 9780822377245
Genre : Social Science
File Size : 27.14 MB
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In an era of irregular labor, nagging recession, nuclear contamination, and a shrinking population, Japan is facing precarious times. How the Japanese experience insecurity in their daily and social lives is the subject of Precarious Japan. Tacking between the structural conditions of socioeconomic life and the ways people are making do, or not, Anne Allison chronicles the loss of home affecting many Japanese, not only in the literal sense but also in the figurative sense of not belonging. Until the collapse of Japan's economic bubble in 1991, lifelong employment and a secure income were within reach of most Japanese men, enabling them to maintain their families in a comfortable middle-class lifestyle. Now, as fewer and fewer people are able to find full-time work, hope turns to hopelessness and security gives way to a pervasive unease. Yet some Japanese are getting by, partly by reconceiving notions of home, family, and togetherness.
Category: Social Science

Japanese Law

Author : J. Mark Ramseyer
ISBN : 0226703843
Genre : Law
File Size : 80.12 MB
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In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato combine an economic approach with a clear and often amusing account of the law itself to challenge commonly held ideas about the law. Arguing against such things as the assumption that Japanese law differs from law in the United States and the idea that law plays only a trivial role in Japan or is culturally determined, this book will be recognized as a major contribution to the understanding of Japanese law. "A compelling economic analysis. . . . This book remains one of the few concerning Japanese law that successfully brings to life the legal culture of Japan." —Bonnie L. Dixon, New York Law Journal
Category: Law

Nothing Is True And Everything Is Possible

Author : Peter Pomerantsev
ISBN : 9781610394567
Genre : History
File Size : 25.14 MB
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In the new Russia, even dictatorship is a reality show. Professional killers with the souls of artists, would-be theater directors turned Kremlin puppet-masters, suicidal supermodels, Hell's Angels who hallucinate themselves as holy warriors, and oligarch revolutionaries: welcome to the glittering, surreal heart of twenty-first-century Russia. It is a world erupting with new money and new power, changing so fast it breaks all sense of reality, home to a form of dictatorship—far subtler than twentieth-century strains—that is rapidly rising to challenge the West. When British producer Peter Pomerantsev plunges into the booming Russian TV industry, he gains access to every nook and corrupt cranny of the country. He is brought to smoky rooms for meetings with propaganda gurus running the nerve-center of the Russian media machine, and visits Siberian mafia-towns and the salons of the international super-rich in London and the US. As the Putin regime becomes more aggressive, Pomerantsev finds himself drawn further into the system. Dazzling yet piercingly insightful, Nothing Is True and Everything Is Possible is an unforgettable voyage into a country spinning from decadence into madness.
Category: History