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The role of culture in the operation of Japanese law is one of the
great questions of sociolegal studies. Discussions tend to
polarize, between a simplistic view of cultural determinism and a
more universalist approach that emphasizes institutions. This
superb collection, with a diverse and accomplished set of
contributors, takes culture seriously. It shows how legal
institutions have both shaped and been shaped by Japanese legal
culture. A state-of-the art assessment of Japanese law after more
than a decade of reforms, this book is a must for anyone interested
in understanding legal culture more broadly.' - Tom Ginsburg,
University of Chicago Law School, US'The Changing Role of Law in
Japan is a path-breaking work of comparative legal scholarship,
offering a fresh and compelling perspective on the Japanese legal
system that makes it essential reading for anyone interested in the
role of law in industrialized democracies. The editors present a
convincing case for putting a dynamic conception of culture at the
heart of comparative legal studies, while simultaneously
demonstrating the wisdom of comparing Japanese law and legal
institutions to their European rather than their American
counterparts. This is a volume that will be read, and debated, for
years to come.' - Eric A. Feldman, University of Pennsylvania Law
School, US The Changing Role of Law in Japan offers a comparative
perspective on the changing role of law in East Asia, discussing
issues such as society, cultural values, access to the legal system
and judicial reform. This innovative book places Japan in the wider
context, juxtaposed with Europe, rather than the US, for the first
time. Parallel to Japan's rise to economic prominence on the world
scene in the 1960s, law and legal thinking in the country have
become the focus for academic research in various respects. One
recurring question has been how Japan managed to become one of the
most important economic actors in the world, without the legal
infrastructure usually associated with complex economic activities.
This book addresses many current issues that illustrate important
changes in Japanese society and its political and legal systems.
The authors investigate fundamental questions about the precise
role of law and the courts in Japan, and try to go beyond the
classical paradigm that attributes the particularities of Japan to
its unique culture or its exceptional position. The various
contributions to this book all demonstrate the importance of
challenging existing conceptions and revisiting them through
meticulous socio-legal and empirical research. This book will
appeal to scholars of sociology of law, international studies and
those interested in a transnational approach to the legal
framework. Graduate students dealing with law in Asia, intellectual
property, patent law and competition law will also find much
relevance in this interesting and stimulating book. Contributors:
V. Gessner, R. Hamano, E. Herber, A. Hirata, S. Kozuka, J.
Maesschalck, T. Mihira, M. Murayama, D. Nelken, I. Ozaki, S.
Parmentier, T. Suami, H. Takahashi, S. Vande Walle, D. Vanoverbeke,
E. van Zimmeren
This collection adds to the critical transitional justice
scholarship that calls for "transitional justice from below" and
that makes visible the complex and oftentimes troubled
entanglements between justice endeavours, locality, and
memory-making. Broadening this perspective, it explores informal
memory practices across various contexts with a focus on their
individual and collective dynamics and their intersections,
reaching also beyond a conceptualisation of memory as mere symbolic
reparation and politics of memory. It seeks to highlight the
hidden, unwritten, and multifaceted in today's memory boom by
focusing on the memorialisation practices of communities,
activists, families, and survivors. Organising its analytical focal
point around the localisation of memory, it offers valuable and new
insights on how and under what conditions localised memory
practices may contribute to recognition and social transformation,
as well as how they may at best be inclusive, or exclusive, of
dynamic and diverse memories. Drawing on inter- and
multi-disciplinary approaches, this book brings an in-depth and
nuanced understanding of local memory practices and the dynamics
attached to these in transitional justice contexts. It will be of
much interest to students and scholars of memory and genocide
studies, peace and conflict studies, transitional justice,
sociology, and anthropology.
The last decade has witnessed an increased criticism against the
human rights paradigm for its obsession with the 'culture of claims
and rights.' According to the critics, this culture has led to an
obsession with the rights of individuals at the expense of due
attention to groups and to communities worldwide, resulting in the
neglect of responsibilities and duties. It is also argued that
there should be a shift from the Western emphasis on the rights for
individuals to more attention to the responsibilities of
individuals and collectivities as present in other cultures of the
world. Several documents have been drafted to this effect. These
discussions, and the ensuing documents, are far from only
theoretical or abstract. They bear consequences in everyday life as
evidenced in a number of areas, such as globalization, terrorism,
multiculturalism, etc. This book examines this important human
rights debate.
Since the 1980s, an array of legal and non-legal practices-labeled
Transitional Justice-has been developed to support post-repressive,
post-authoritarian, and post-conflict societies in dealing with
their traumatic past. In Understanding the Age of Transitional
Justice, the contributors analyze the processes, products, and
efficacy of a number of transitional justice mechanisms and look at
how genocide, mass political violence, and historical injustices
are being institutionally addressed. They invite readers to
speculate on what (else) the transcripts produced by these
institutions tell us about the past and the present, calling
attention to the influence of implicit history conveyed in the
narratives that have gained an audience through international
criminal tribunals, trials, and truth commissions. Nanci Adler has
gathered leading specialists to scrutinize the responses to and
effects of violent pasts that provide new perspectives for
understanding and applying transitional justice mechanisms in an
effort to stop the recycling of old repressions into new ones.
Compiling a liber amicorum is always a difficult exercise. Not only
because it is not easy to choose the authors from amongst the many
friends of the one being celebrated, but also because it is often
difficult to align the theme and style of the contributions
offered. While one friend enjoys collecting amusing, but not always
very relevant, memories for the reader, the other exhausts
himself/herself in an extensive legal-technical argument. While one
contributes to a classical and sometimes segmented theme, the other
writes a contribution on a niche topic from an already niche area.
This tribute avoids the classic pitfalls and contains contributions
that are focused on human rights, in all their diversity, but with
a strong emphasis on the European Convention on Human Rights. The
aim of the book was to meet the highest academic standards, as Paul
Lemmens has always embodied them. The well-renowned group of
international authors already guarantees that quality. But this
work is also, primarily, a Festschrift, with each contribution
having a clear link to Paul Lemmens. Many authors make this link
explicit, while others do this more implicitly, by dealing with a
theme that they know Paul takes to heart. It is obvious that the
contributors express great appreciation of Paul Lemmens. The image
of Paul as known and appreciated by his friends and colleagues
emerges from the collected contributions: that of an excellent and
knowledgeable lawyer, but especially that of a warm and committed
person. Few people may know that Judge and Professor Lemmens is a
big fan of the American rock star Bruce Springsteen. The (sub)
title of this book is gratefully derived from one of his albums,
Human Touch. Indeed, there is no better way to describe Paul's
relationship with human rights than "Human Rights with a Human
Touch".
Breaking the Cycle of Mass Atrocities investigates the role of
international criminal law at different stages of mass atrocities,
shifting away from its narrow understanding solely as an instrument
of punishment of those most responsible. The book is premised on
the idea that there are distinct phases of collective violence, and
international criminal law contributes in one way or another to
each phase. The authors therefore explore various possibilities for
international criminal law to be of assistance in breaking the
vicious cycle at its different junctures.
Breaking the Cycle of Mass Atrocities investigates the role of
international criminal law at different stages of mass atrocities,
shifting away from its narrow understanding solely as an instrument
of punishment of those most responsible. The book is premised on
the idea that there are distinct phases of collective violence, and
international criminal law contributes in one way or another to
each phase. The authors therefore explore various possibilities for
international criminal law to be of assistance in breaking the
vicious cycle at its different junctures.
Do human rights offer real protection when disadvantaged groups
invoke them at the local level in an attempt to improve their
living conditions? If so, how can we make sure that the experiences
of those invoking human rights at the local level have an impact on
the further development of human rights (at national and other
levels) so that the local relevance of human rights increases?
Since the adoption of the Universal Declaration of Human Rights
(UDHR) on 10 December 1948, numerous international documents have
reaffirmed human rights as global norms. This book examines what
factors determine whether appeals to human rights that emanate from
the local level are successful, and whether the UDHR adequately
responds to threats as currently defined by relevant groups or
whether a revision of some of the ideas included in the UDHR is
needed in order to increase its contemporary relevance.
Since the 1980s, an array of legal and non-legal
practices—labeled Transitional Justice—has been developed to
support post-repressive, post-authoritarian, and post-conflict
societies in dealing with their traumatic past. In Understanding
the Age of Transitional Justice, the contributors analyze the
processes, products, and efficacy of a number of transitional
justice mechanisms and look at how genocide, mass political
violence, and historical injustices are being institutionally
addressed. They invite readers to speculate on what (else) the
transcripts produced by these institutions tell us about the past
and the present, calling attention to the influence of implicit
history conveyed in the narratives that have gained an audience
through international criminal tribunals, trials, and truth
commissions. Nanci Adler has gathered leading specialists to
scrutinize the responses to and effects of violent pasts that
provide new perspectives for understanding and applying
transitional justice mechanisms in an effort to stop the recycling
of old repressions into new ones. Â
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