The Spirit of Japanese Law

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University of Georgia Press, 2006 - Law - 251 pages
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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.

  

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Contents

Laws Values
1
Laws Domain
21
Laws Actors I
40
Crime and Community
70
Laws Actors II
90
Community Confirmed
123
The Sense of Society
156
Between the Individual and the State
177
Conclusion
201
Notes
213
Index
247
Copyright

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About the author (2006)

John Owen Haley is Wiley B. Rutledge Professor of Law and director of the Whitney R. Harris Institute for Global Legal Studies at Washington University, St. Louis. His books include Authority without Power: Law and the Japanese Paradox.

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