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Laying Down the Law - The American Legal Revolutions in Occupied Germany and Japan (Hardcover)
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Laying Down the Law - The American Legal Revolutions in Occupied Germany and Japan (Hardcover)
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Total price: R1,233
Discovery Miles: 12 330
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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.
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