MacArthur's Japanese Constitution


Book Description

The Japanese constitution as revised by General MacArthur in 1946, while generally regarded to be an outstanding basis for a liberal democracy, is at the same time widely considered to be—in its Japanese form—an document which is alien and incompatible with Japanese culture. Using both linguistics and historical data, Kyoto Inoue argues that despite the inclusion of alien concepts and ideas, this constitution is nonetheless fundamentally a Japanese document that can stand on its own. "This is an important book. . . . This is the most significant work on postwar Japanese constitutional history to appear in the West. It is highly instructive about the century-long process of cultural conflict in the evolution of government and society in modern Japan."—Thomas W. Burkman, Monumenta Nipponica




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"--




Japan's Contested Constitution


Book Description

Japan's Contested Constitution is essential reading for anyone with an interest in Japanese domestic politics and the international role of Japan. Subjects covered include; * the no war, `pacifist' clause * tension between the constitution and the US-Japan security treaty * the political import of the constitution for Japanese political parties * the significance of the constitution for the Japanese people







We, the Japanese People


Book Description

This is the definitive story of how the United States attempted to turn Japan into a democratic and peace-loving nation by drafting a new constitution for its former enemy--and then pretending that the Japanese had written it. Based on scores of interviews with participants in the process, as well as exhaustive research in Japanese and American records, the book explores in vivid detail the thinking and intentions behind the drafting of the constitution. Confusion and strife marked planning for the democratization of Japan, first in Washington, then in occupied Tokyo. Policy makers in the State, War, and Navy departments, the Joint Chiefs, and the White House contended bitterly over how to devise an "unconditional surrender" that would minimize Allied casualties while according the victor supreme authority over a soundly defeated Japan. By war's end, there were still no firm guidelines on a host of crucial issues, including how the Japanese system of government could be made acceptably democratic. The first months of occupation were chaotic, with General MacArthur organizing his staff around loyal followers and edging out experts sent from Washington. Hampered by a narrow interpretation of the terms of surrender and wishful thinking about Japanese compliance with American expectations, MacArthur set in motion a fiasco. Because of a translator's error, Prince Konoye, three-time Prime Minister of Japan, thought MacArthur had entrusted him with revising the Japanese constitution and assembled a staff of constitutional law experts and set to work. However, conservatives in the Japanese cabinet denounced his efforts and produced their own version, which MacArthur found unacceptable. MacArthur then secretly instructed his staff, with its very limited knowledge of either Japan or constitutional law, to draft a new Japanese constitution, which amazingly they did in a week's time. Expecting approval of its own draft, the Japanese cabinet was stunned when presented with a completely different American document. So unrelenting was the pressure exerted by MacArthur's officers that it was clear to members of the cabinet they had no choice but to adopt the American draft more or less intact, and publish it as their own. Because of the broad range of its meticulous research, the book will be a standard reference not only for students of Japanese history but also for legal scholars, diplomatic historians, and political scientists.




The Spirit of Japanese Law


Book Description

The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.




The Meiji Constitution


Book Description

"This book is a detailed examination of the intellectual and cultural history that gave birth to Japan's Meiji Constitution at the end of the nineteenth century. In this book, the author employs a cross-cultural perspective to analyze how modern Western ideas of constitutional government were assimilated and adapted by the newly established Meiji state. Japan's leaders had witnessed the piecemeal devouring of Qing-dynasty China by the Western powers, and were determined that Japan should not suffer the same fate. they staked the future of their nation on a concerted effort to understand the political and legal structures that appeared to be the source of the strength and dynamism of Western civilization. The author relates how key leaders of Meiji Japan experienced the west through fact-finding missions and extended overseas travel and research and show how their international experience shaped the policies and character of the nation that they helped build. He looks beyond the constitution as a legal document and demonstrates how its architects used it and the supplementary laws and institutions supporting it to catalyze the emergence of a modern nation-state." -- BOOK JACKET.







Itō Hirobumi - Japan's First Prime Minister and Father of the Meiji Constitution


Book Description

The brilliant and influential statesman, Itō Hirobumi (1841-1909), and the first prime minister of Japan’s modern state, has been poorly understood. This biography attempts to set the record straight about Itō’s thought and vision for Japan’s modernisation based on research in primary sources. It outlines Itō’s life: the son of a poor farmer, he showed exceptional talent as a boy and was sent to study in Europe and the United States. He returned home convinced that Western civilisation was the only viable path for Japan. Following the Meiji Restoration of 1868, Itō became a powerful intellectual and political force behind reforms of Japanese laws and institutions aimed to shape a modern government based on informed leadership and a knowledeable populace. Among his many achievements were the establishment of Japan’s first constitution—the Meiji Constitution of 1889, and the founding in 1900 of a new type of constitutional party, the Rikken Seiyukai (Friends of Constitutional Government), which, reformulated after 1945, became the Liberal Democratic Party that has dominated Japanese politics in the postwar period. Concerning Itō’s role as Japanese Resident-General in Korea from 1905, the author argues that Itō’s aim, not understood by either the Japanese home government or Koreans themselves, was not to colonize Korea. He was determined to modernise Korea and consolidate further constitutional reforms in Japan. This aim was not shared by others, and Itō resigned in 1909. He was assassinated the same year in Manchuria by a Korean nationalist. The Japanese language edition of this book is a bestseller in Japan, and it received the Suntory Prize for Social Sciences and Humanities, one of Japan's most prestigious publishing awards.




Lectures on Japanese Law from a Comparative Perspective


Book Description

外国人研究者の視点から、日本法の歴史的形成・発展や現代法の構造や制度を英語で解説。外国人学習者・研究者に最適なテキスト。