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Full-Text Articles in Law
Acceptance Of Modern International Law In Japan, Motoyasu Nozawa
Acceptance Of Modern International Law In Japan, Motoyasu Nozawa
Japanese Society and Culture
From the end of the Edo period to the beginning of the Meiji period, there was almost no knowledge of international law in the government. I have examined, under these circumstances, how Japan accepted and applied modern international law through several events and national practices. I also discussed how international jurists were born, what role they played in the development of international law, and what influence they had on the subsequent development of modern international law in Japan.
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Japanese Society and Culture
When, why, how, and by whom was “time” combined with “law” in Japan? This paper scrutinizes the issue based on Yoshiro Okada’s research, especially his most important works: Nihon no Koyomi and his thesis “Meiji no Kaireki: ‘Toki’ no chuo shuken-ka.” It is thus possible to understand how the political authorities used the unification of the calendar system to demonstrate their power and to govern the lives of the nation. Thereafter, “time” was used as a fundamental and important standard for judgment in the science of law, legalism, and the rule of law. In this process, “calendar (time) and law” …
Restrictions Of Human Rights On The Basis Of Public Welfare, Thomas Makoto Naruse
Restrictions Of Human Rights On The Basis Of Public Welfare, Thomas Makoto Naruse
Japanese Society and Culture
One of the basic principles of Japanese Constitution is respect for human rights. However, the Constitution stipulates “public welfare” in 4 Articles, and recognizes restrictions on human rights. From its text, it appears that human rights restrictions are widely recognized. The debate over public welfare has gone through several stages, and understanding has changed. The aim of this article is to introduce the meaning of “public welfare” in Japanese Constitution, and how it works. After introducing the flow of the theory, this article will examine how it functions as a basis for restrictions on human rights.
A Study Of The Origin, Acceptance, And International Spread Of The ‘Symbol’ Within The Constitution Of Japan: Japan’S Approach To Restoring The Separation Of Authority And Power, Yoshiaki Shimojo
Japanese Society and Culture
Article 1 of the Constitution of Japan stipulates a symbolic emperor system based on popular sovereignty, stating that “The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power.” In the post-war period, the symbolic emperor system of the Constitution of Japan developed in its own way through shrewd adaptation and harmonization with popular sovereignty, within the context of Japan’s particular political climate. Nineteenth-century European monarchies comprised several types of constitutional monarchy, such as the German-style “constitutional monarchy,” the British-style “parliamentary …