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Author: Alfred Christian Oppler Publisher: Princeton University Press ISBN: 1400870615 Category : History Languages : en Pages : 368
Book Description
After a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author describes the wide scope of his activities, which included a vigorous promotion of civil liberties, surveillance of relevant legislation, and observation of the administration of justice throughout the country. He focuses on the Continental nature of the Japanese law and analyzes the American objectives as well as the personalities of the Occupation and of Japanese with whom he negotiated. Special chapters describe the Supreme Court mission to the United States (which the author escorted), the removal of General MacArthur, and the author's post-Occupation work on Japanese, Korean, and Ryukyuan problems. Treating all aspects of the legal reforms, this book provides insights into Japan during and after the Occupation. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Alfred Christian Oppler Publisher: Princeton University Press ISBN: 1400870615 Category : History Languages : en Pages : 368
Book Description
After a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author describes the wide scope of his activities, which included a vigorous promotion of civil liberties, surveillance of relevant legislation, and observation of the administration of justice throughout the country. He focuses on the Continental nature of the Japanese law and analyzes the American objectives as well as the personalities of the Occupation and of Japanese with whom he negotiated. Special chapters describe the Supreme Court mission to the United States (which the author escorted), the removal of General MacArthur, and the author's post-Occupation work on Japanese, Korean, and Ryukyuan problems. Treating all aspects of the legal reforms, this book provides insights into Japan during and after the Occupation. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: R. W. Kostal Publisher: Harvard University Press ISBN: 0674052412 Category : Law Languages : en Pages : 481
Book Description
Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.
Author: Mark E. Caprio Publisher: Routledge ISBN: 1134118627 Category : History Languages : en Pages : 260
Book Description
With expert contributions from both the US and Japan, this book examines the legacies of the US Occupation on Japanese politics and society, and discusses the long-term impact of the Occupation on contemporary Japan. Focusing on two central themes – democracy and the interplay of US-initiated reforms and Japan's endogenous drive for democratization and social justice – the contributors address key questions: How did the US authorities and the Japanese people define democracy? To what extent did America impose their notions of democracy on Japan? How far did the Japanese pursue impulses toward reform, rooted in their own history and values? Which reforms were readily accepted and internalized, and which were ultimately subverted by the Japanese as impositions from outside? These questions are tackled by exploring the dynamics of the reform process from the three perspectives of innovation, continuity and compromise, specifically determining the effect that this period made to Japanese social, economic, and political understanding. Critically examines previously unexplored issues that influenced postwar Japan such as the effect of labour and healthcare legislation, textbook revision, and minority policy. Illuminating contemporary Japan, its achievements, its potential and its quandaries, this book will appeal to students and scholars of Japanese-US relations, Japanese history and Japanese politics.
Author: Eiji Takemae Publisher: A&C Black ISBN: 9780826415219 Category : History Languages : en Pages : 802
Book Description
Published to coincide with the 50th anniversary of the end of the American-led Allied Occupation of Japan (1945-52), The Allied Occupation of Japan is a sweeping history of the revolutionary reforms that transformed Japan and the remarkable men and women, American and Japanese, who implemented them.
Author: Binghui Liao Publisher: Columbia University Press ISBN: 9780231137980 Category : History Languages : en Pages : 446
Book Description
The first study of colonial Taiwan in English, this volume brings together seventeen essays by leading scholars to construct a comprehensive cultural history of Taiwan under Japanese rule. Contributors from the United States, Japan, and Taiwan explore a number of topics through a variety of theoretical, comparative, and postcolonial perspectives, painting a complex and nuanced portrait of a pivotal time in the formation of Taiwanese national identity. Essays are grouped into four categories: rethinking colonialism and modernity; colonial policy and cultural change; visual culture and literary expressions; and from colonial rule to postcolonial independence. Their unique analysis considers all elements of the Taiwanese colonial experience, concentrating on land surveys and the census; transcolonial coordination; the education and recruitment of the cultural elite; the evolution of print culture and national literature; the effects of subjugation, coercion, discrimination, and governmentality; and the root causes of the ethnic violence that dominated the postcolonial era. The contributors encourage readers to rethink issues concerning history and ethnicity, cultural hegemony and resistance, tradition and modernity, and the romancing of racial identity. Their examination not only provides a singular understanding of Taiwan's colonial past, but also offers insight into Taiwan's relationship with China, Japan, and the United States today. Focusing on a crucial period in which the culture and language of Taiwan, China, and Japan became inextricably linked, Taiwan Under Japanese Colonial Rule effectively broadens the critique of colonialism and modernity in East Asia.
Author: John W Dower Publisher: W. W. Norton & Company ISBN: 9780393320275 Category : History Languages : en Pages : 692
Book Description
This study of modern Japan traces the impact of defeat and reconstruction on every aspect of Japan's national life. It examines the economic resurgence as well as how the nation as a whole reacted to defeat and the end of a suicidal nationalism.
Author: Eyal Benvenisti Publisher: OUP Oxford ISBN: 0191639575 Category : Law Languages : en Pages : 416
Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Author: David S. Clark Publisher: Oxford University Press ISBN: 0195369920 Category : Law Languages : en Pages : 585
Book Description
"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Author: Hiroshi Oda Publisher: OUP Oxford ISBN: 019101883X Category : Law Languages : en Pages : 1443
Book Description
This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law. This makes this book an essential reference work for all who have an interest in Japanese law.
Author: Dimitri Vanoverbeke Publisher: Routledge ISBN: 1317487346 Category : Social Science Languages : en Pages : 233
Book Description
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
Author: Alfred Christian Oppler
Author: Alfred Christian Oppler
Author: R. W. Kostal
Author: Mark E. Caprio
Author: Eiji Takemae
Author: Binghui Liao
Author: John W Dower
Author: Eyal Benvenisti
Author: David S. Clark
Author: Hiroshi Oda
Author: Dimitri Vanoverbeke