Authority without Power: Law and the Japanese Paradox by John Owen Haley PDF

By John Owen Haley

ISBN-10: 0195092570

ISBN-13: 9780195092578

ISBN-10: 1423765052

ISBN-13: 9781423765059

This publication deals a complete interpretive examine of the function of legislation in modern Japan. Haley argues that the weak point of felony controls all through jap heritage has guaranteed the advance and energy of casual group controls in line with customized and consensus to keep up order--an order characterised via impressive balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes through exhibiting how Japan's susceptible felony approach has bolstered preexisting styles of extralegal social keep an eye on, therefore explaining some of the basic paradoxes of political and social existence in modern Japan.

Show description

Read Online or Download Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) PDF

Best comparative books

Download PDF by John Owen Haley: Authority without Power: Law and the Japanese Paradox

This booklet bargains a complete interpretive learn of the function of legislation in modern Japan. Haley argues that the weak spot of criminal controls all through eastern background has guaranteed the improvement and power of casual group controls according to customized and consensus to take care of order--an order characterised by means of notable balance, with an both major measure of autonomy for people, groups, and companies.

Read e-book online Is Japan Really Changing Its Ways?: Regulatory Reform and PDF

Deregulation has been on the most sensible of Japan's financial coverage schedule for a few years. Now, in the middle of a monetary obstacle that engulfs all of Asia, pressures at the eastern executive for giant reform - coming from either in and out forces - are more suitable than ever. yet is Japan really making the alterations essential to decrease marketplace controls, motivate festival, and create new possibilities for imports?

Patricia Margaret Sterns, Leslie I. Tennen's Private Law, Public Law, Metalaw and Public Policy in Space: PDF

The legislation of outer area is quickly evolving to conform to alterations within the financial drivers in addition to developments in technological functions. The contents of this publication are a mirrored image of this altering surroundings as evidenced within the writings of the second one and 3rd generations of area attorneys. Theoretical facets of house legislations are explored by way of chapters in relation to basic innovations critical to the corpus juris spatialis.

Download e-book for kindle: Constitutions in the Global Financial Crisis: A Comparative by Xenophon Contiades

This e-book is the 1st to handle the multi-faceted effect of the worldwide monetary problem at the nationwide constitutions of the international locations most influenced. via tracing the effect of the hindrance on formal and casual constitutional switch, sovereignty matters, basic rights security, regulatory reforms, jurisprudence, the augmentation of govt strength, and alterations within the celebration approach it addresses all parts of the present constitutional legislations discussion and goals to turn into a reference publication in regards to the interplay among monetary crises and constitutions.

Extra info for Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)

Example text

The problem confronting Japanese warriors was thus to characterize the agreement in some fashion that would ensure its bindingness. From the beginning the answer was found in kinship. By identifying the relationship, not the agreement itself, in familial terms, through marriage arrangements or, later, as adoptive relations in which the vassal became son to the paternal lord, the Japanese found the socially sanctioned glue needed to hold the relationship together. By means of kinship they incorporated into the arrangement shared indigenous and borrowed Confucianist values.

Its power to rule was never absolute. Again preexisting patterns prevailed. 47 As the system evolved the crown prince would become emperor at an early age and also retire while still young. Japanese legal historians also point out other significant adaptations. One was apparently a relaxation of the stringent Chinese penalties and rules for prosecution of criminal cases. 50 Nevertheless, it appears that the Japanese were not as bound to a system of meting out exact punishments commensurate with specific offenses.

They were in effect beyond the pale of both. Unless accorded some form of official confirmation, conceptually they had no special legal force. Nor, without some religious recognition, by talismanic or other ritual, did they have moral force. The problem confronting Japanese warriors was thus to characterize the agreement in some fashion that would ensure its bindingness. From the beginning the answer was found in kinship. By identifying the relationship, not the agreement itself, in familial terms, through marriage arrangements or, later, as adoptive relations in which the vassal became son to the paternal lord, the Japanese found the socially sanctioned glue needed to hold the relationship together.

Download PDF sample

Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) by John Owen Haley


by Richard
4.0

Rated 4.24 of 5 – based on 39 votes