The Japanese Legal System in a Nutshell


Book Description

The Japanese Legal System in a Nutshell by Professors Colin P.A. Jones and Frank S. Ravitch provides a thorough and up-to-date overview of Japan's legal system and system of government. Focusing on practical aspects of the subject, it covers the law-making process, constitutional theory and reality, the civil, criminal and administrative justice systems, the environment of business law and regulation and the Japanese legal professions. Importantly, it also provides a context for understanding the Japanese legal system in readily comprehensible terms, including historical background and the different (compared to the United States and other common law systems) role and organization of the courts as part of an overall system of government.




Constitutional Courts in Asia


Book Description

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.




Personal Justice Denied


Book Description




Civil Procedure in Japan


Book Description

The only book of its kind available in English, Civil Procedure in Japan is the most reliable and comprehensive reference on the broad subject of the Japanese civil justice system. Civil Procedure in Japan discusses the problems encountered in litigating a civil controversy in the chronological order in which they are most likely to arise. Since civil procedure, as all law, is a product of historical developments and since it cannot be understood without reference to the political structure within it is to operate, Chapter 1 presents the historical background to date of the development of court procedure. The chapter looks at Japan's political organization (Executive, Legislative, etc), the court structure, and the sources of law. Chapter 2 is devoted to a look at the world of Japanese Legal Profession including legal education and non-Japanese lawyers in Japan, while Chapter 3 is an overview of the Judiciary as a whole. Chapter 4 sets forth the basic concepts involved in the judiciary authority and its interface with other governmental authorities. Subsequent chapters deal with practical issues of civil procedure, starting with Chapter 5 through Chapter 8, the trial is traced from beginning (parties to action and pre-commencement preparation including provisional remedies) through appellate procedures. Chapters 8 and 9 deal with various judicial proceedings outside of typical civil actions. Chapter 11 specifically explains various insolvency proceedings from straight bankruptcy to corporate reorganization. Chapter 12 is devoted to the arbitration law of 2002. Chapter 13 is about various terms of the court costs. Enforcement of civil judgments is treated in detail in Chapter 14. Finally, Chapter 15 is reserved for international cooperation in litigation and sets forth Japan's bilateral arrangements for international co-operation. Furthermore, appendices include an English translation of the Code and Rules of Civil Procedure of 1996 and other important statutes, English translations of sample judgments, glossaries, bibliography, ect.




The Japanese Legal System


Book Description

The Japanese Legal System by Professors Colin P.A. Jones and Frank S. Ravitch provides the most comprehensive and up-to-date overview of Japan's system of law and government available in English. Focusing on practical aspects of the subject, it covers the law-making process, constitutional theory and reality, the civil, criminal and administrative justice systems, the environment of business law and regulation and the Japanese legal professions. Importantly, it also provides a context for understanding the Japanese legal system in readily comprehensible terms, including historical background and the different (compared to the United States and other common law systems) role and organization of the courts as part of an overall system of government.




Contemporary Issues in Human Rights Law


Book Description

This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.




The Oxford Handbook of Japanese Politics


Book Description

"Book Abstract and Keywords: The study of Japanese politics has flourished over the past several decades. This Handbook provides a state-of-the-field overview for students and researchers of Japanese. The volume also serves to introduce Japanese politics to readers less familiar with Japan. In addition, the volume has a theme of "evaluating Japan's democracy." Taken as a whole, the volume provides a positive evaluation of the state of Japan's democracy. The volume is divided into two parts, roughly corresponding to domestic Japanese politics and Japan's international politics. Within the domestic politics part, there are four distinct sections: "Domestic Political Actors and Institutions," covering the Japanese Constitution, electoral systems, prime minister, Diet, bureaucracy, judiciary, and local government; "Political Parties and Coalitions," covering the Liberal Democratic Party, coalition government, Kōmeitō, and the political opposition; "Policymaking and the Public," covering the policymaking process, public opinion, civil society, and populism; and, "Political Economy and Social Policy," covering industrial, energy, social welfare, agricultural, monetary, and immigration policies, as well as social inequality. In the international relations part, there are four sections: "International Relations Frameworks," covering grand strategy, international organizations, and international status; "International Political Economy," covering trade, finance, foreign direct investment, the environment, economic regionalism, and the linkage between security and economics; "International Security," covering remilitarization, global and regional security multilateralism, nuclear nonproliferation, naval power, space security, and cybersecurity; and, "Foreign Relations" covering Japan's relations with the United States, China, South Korea, ASEAN, India, the European Union, and Russia. Keywords: international relations, comparative politics, democracy, international order, alliances, space security, elections, Liberal Democratic Party, multilateralism, remilitarization, international organizations, populism, civil society, coalitions, political parties, trade, finance monetary policy, foreign direct investment, cybersecurity"--




Selection and Decision in Judicial Process Around the World


Book Description

Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.




Japanese War Criminals


Book Description

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.




Japan


Book Description

Japan: Courts and Culture tells the story of three centuries of British royal contact with Japan, from 1603 to c.1937, when the exchange of exquisite works of art was central to both diplomatic relations and cultural communication. With discussions of courtly rituals, trade relationships, treaties, and other matters of concern between the two nations, this book provides important historical and political context in addition to granting a new look at the works of art in question. Featuring new research on previously unpublished works, including porcelain, lacquer, armor, embroidery, metalwork, and works on paper, this book showcases the unparalleled craftsmanship of these objects, and the local materials, techniques, and traditions behind them. Japan: Courts and Culture is published to accompany a spectacular exhibition of the same name, which opens at The Queen's Gallery, Buckingham Palace, in June 2020. The book's stunning photography, contextual essays, and historical insights offer a highly visual record of a royal narrative and history that has not yet been widely documented.