The Subversive Activities Prevention Law of Japan


Book Description

The Subversive Activities Prevention Law (SAPL) was the last major controversial law to be drafted at the end of the Allied Occupation of Japan (1945-1952) which was managed and controlled by General Headquarters (GHQ) under U.S. General MacArthur and was enacted into law after Japan had regained its formal independence in 1952. Soon after the Occupation began, prewar Japanese internal security laws were ordered abolished by the Occupation. Now that Japan would be re-gaining its independence in 1952, there was urgency to creating a new integrated national internal security law to fill the vacuum created by the Occupation, 1945-1952. The Subversive Activities Prevention Law was to be the centerpiece for maintaining internal security in the new independent Japan. It turned out to be an extremely controversial law that was vociferously opposed by the political opposition in and out of the Diet in light of the prewar history, surrounding how such internal security laws were implemented by the state security apparatus. The demonstrations in 1951-52 against the proposed law, organized by the labor unions, were the largest, loudest and most determined since the end of the war. This publication is the first analysis in English on how this law was drafted and debated, supported and opposed, using the 20+ drafts of the law, and the subsequent deliberations concerning the proposed law in the Houses of Representatives and Councillors. A short epilogue - since over 50 years have elapsed since the law was initially enacted in 1952 - analyzes the implementation of the law during these years. "The Subversive Activities Prevention Law of Japan, Its Creation, 1951-1952" will be of particular interest to those studying the Allied Occupation of Japan, the Japanese political and legislative process and its internal security laws.




Japan's Pseudo-Democracy


Book Description

Rocked by scandals and accusations that crucial decisions are made by non-elected officials, Japan has been called a democracy in name only. Is it?




Japan's Pseudo-democracy


Book Description

Each of the eight chapters deals with a specific topic, such as Shinto, Buddhism, the new religions, and Christianity; there is an introduction that outlines the subject to be considered followed by a series of readings.




Comparative Counter-Terrorism Law


Book Description

This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.




Japan's Imperial House in the Postwar Era, 1945-2019


Book Description

"With the ascension of a new emperor and the dawn of the Reiwa Era, Kenneth J. Ruoff has expanded upon and updated The People’s Emperor, his study of the monarchy’s role as a political, societal, and cultural institution in contemporary Japan. Many Japanese continue to define the nation’s identity through the imperial house, making it a window into Japan’s postwar history. Ruoff begins by examining the reform of the monarchy during the U.S. occupation and then turns to its evolution since the Japanese regained the power to shape it. To understand the monarchy’s function in contemporary Japan, the author analyzes issues such as the role of individual emperors in shaping the institution, the intersection of the monarchy with politics, the emperor’s and the nation’s responsibility for the war, nationalistic movements in support of the monarchy, and the remaking of the once-sacrosanct throne into a “people’s imperial house” embedded in the postwar culture of democracy. Finally, Ruoff examines recent developments, including the abdication of Emperor Akihito and the heir crisis, which have brought to the forefront the fragility of the imperial line under the current legal system, leading to calls for reform."




Hate Speech in Japan


Book Description

A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.




Japan's Militant Teachers


Book Description

Japan's Militant Teachers is the first comprehensive English-language analysis of the origin and development of the fundamental issues in this struggle. It is an objective approach to the history of the teacher's movement from its prewar conception, through the birth of Nikkyoso in 1947, to that union's present strength encompassing a large majority of all public school teachers. It is significant that this study was undertaken by a non-Japanese. Professor Duke was accepted with full confidence by all parties in the dispute. His study includes material obtained from many firsthand interviews conducted between 1968 and 1970 with the leaders of Nikkyoso and government representatives form the Ministry of Education. He has thus been able to present an objective accounting without passing judgement. This book examines the problems of Nikkyoso within the greater context of Japanese society. It is a good introduction to, and analysis of, the problems facing organized teacher' movements as well as the problems facing Japanese education as a whole.




National Implementation of United Nations Sanctions


Book Description

This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State - Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter. Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation of Security Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en oeuvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council.The latter has assumed particular importance in the framework of the combating of the financing of terrorism. This work, which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on Security Council sanctions carried out under the auspices of the Graduate Institute of International Studies. The first, which looked at a broad set of issues, was entitled "United Nations Sanctions and International Law" and was published by Kluwer Law International in 2001.




Terrorism as a Challenge for National and International Law: Security versus Liberty?


Book Description

The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.




Thought Crime


Book Description

In Thought Crime Max M. Ward explores the Japanese state's efforts to suppress political radicalism in the 1920s and 1930s. Ward traces the evolution of an antiradical law called the Peace Preservation Law, from its initial application to suppress communism and anticolonial nationalism—what authorities deemed thought crime—to its expansion into an elaborate system to reform and ideologically convert thousands of thought criminals throughout the Japanese Empire. To enforce the law, the government enlisted a number of nonstate actors, who included monks, family members, and community leaders. Throughout, Ward illuminates the complex processes through which the law articulated imperial ideology and how this ideology was transformed and disseminated through the law's application over its twenty-year history. In so doing, he shows how the Peace Preservation Law provides a window into understanding how modern states develop ideological apparatuses to subject their respective populations.