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This volume, which is part of the Comparative Public Law Treaties directed by prof. Giuseppe Franco Ferrari, offers the result of a reflection on the characteristics of the constitutional laws of East Asia. In the course of the work, in addition to a deepening of understanding of the legal models considered, investigations were carried out for internal comparison between the Eastern Asian legal systems, as well as for comparison with public legal systems belonging to other, mainly Western, legal traditions. The sectors of the jurisdictions that have been examined concern (a) the constitutional system, with a separate analysis of the legislative, executive and judicial bodies including constitutional justice (in the national experiences that contemplate it), (b) the forms of political-administrative decentralization, and (c) the catalogue of fundamental rights. In accordance with the prevalent trends in international literature on comparative legal methodology (as far as we are concerned, in the area of constitutional law), both diachronic and synchronic profiles of the national legal systems have been examined.
This book carries out a comprehensive analysis of the Maria Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the Maria Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
This book explores the various connections between Law and Opera, providing a comprehensive, multinational, and multidisciplinary (with approaches from jurists, philosophers, musicologist, historians) resource on the subject. Further, it makes a valuable contribution to studies on law and the humanities. While, for example, the relationship between law and literature has been extensively researched, the relationship between Law and Opera remains largely overlooked. The book approaches the topic from three perspectives in three main sections: Law in Opera, Law on Opera, and Law around Opera.
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