Authority Without Power: Law and the Japanese ParadoxThis 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. |
Contents
Introduction | 3 |
The Elements Attributes and Functions of Law | 5 |
Authority without Power | 13 |
Laws Domain | 14 |
Continuity with Change The Historical Foundations of Governance and Legal Control in Japan | 17 |
Cohesion with Conflict The Containment of Legal Controls | 81 |
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adjudication administrative guidance American antitrust authority autonomy bakufu Bengoshi bureaucratic cartels century Chalmers Johnson Chinese chōtei hō Civil Code coercive Conciliation Law consensus courts crime cultural customary daimyo Diet disputes East Asian economic effective feudal foreign formal Goseibai shikimoku governmental hamlet Harvard University hō Law Hōritsu hōseishi Ibid imperial industrial informal enforcement institutions Ishii Japanese Japanese legal Japanese society judicial Kamakura Kamakura bakufu Kenmu law enforcement Law in Japan lawmaking lawyers legal controls legal order legal rules legal system legislation legitimacy legitimate litigation Meiji Constitution Ministry of Justice MITI moral mura neo-Confucian Nihon offenses officials parties patterns percent political Princeton University Princeton University Press private law procedures prosecution reforms regime regulation regulatory ritsuryō role Saikō sanctions SCAP sengoku shinbun shōen shogunate sinicized social control Sōka Gakkai statutes Studies tion Tokugawa Tokyo United University of Tokyo village warrior Western law