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Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa
Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Faculty Scholarship
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.
Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa
Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa
Faculty Scholarship
I intend to play the role of discussant at a session where five papers have been presented and to draw implications from the perspective I presented in Miyazawa (2007a ). I revise my thesis about penal populism in Japan slightly using the concept of "leadership from the front "presented by Johnson .However, I still conclude that penal populism in Japan is not likely to decline in the near future.
Educating And Training Of Lawyers In Japan: A Critical Analysis, Setsuo Miyazawa
Educating And Training Of Lawyers In Japan: A Critical Analysis, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
Faculty Scholarship
The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …
Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa
Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
For The Liberal Transformation Of Japanese Legal Culture: A Review Of The Recent Scholarship And Practice, Setsuo Miyazawa
For The Liberal Transformation Of Japanese Legal Culture: A Review Of The Recent Scholarship And Practice, Setsuo Miyazawa
Faculty Scholarship
In this paper, I wish to discuss two problems. Firstly, I wish to discuss what transformation of the Japanese legal culture is desirable. Secondly, I wish to discuss how such transformation could be brought about. These questions require me to review both the scholarship and the practice. Stewart Macaulay wrote (Macaulay, 1992) that when Joel Handler went to Philadelphia in 1992 to give his presidential address at an annual meeting of the Law and Society Association and criticize postmodernist scholars for their disabling impacts on transformative politics (Handler, 1992), he rattled the cage. Handler actually rattled the cage strongly enough …
Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa
Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa
Faculty Scholarship
Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for de-emphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized or turned …
Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa
Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa
Faculty Scholarship
This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.