This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.
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Editorial Reviews
Review
"Haley, drawing on a range of secondary literature, offers a lengthy, historically rich examination of the development of Japanese law."--Comparative Politics
"Fascinating....Contain[s] many insights concerning law and social control in Japan."--The Law and Politics Book Review
"Authority Without Power is a major contribution to the field of Japanese law. The author not only establishes a bold and sweeping framework for a better understanding of Japanese law and legal history but also presents many stimulating, original interpretations. The extensive notes and bibliography are valuable for scholars. By analyzing law as an index to society, the author has succeeded in making the study of Japanese law in the United States, which has been the domain of a small circle of specialists, more appealing to a wider audience of both scholars and general readers."--The Journal of Asian Studies
"Haley excels at history. He carefully traces Japan's "selective adaptation" of Chinese thought, and insightfully reveals how the hamlet, or mura, was the "paradigm" of Tokugawa governance....Haley's explanation of the historical and continuing paradox of Japanese law is well balanced."--Far Eastern Economic Review
"Professor Haley has written one of the most provocative books on Japanese law and society. The book challenges other comparative legal scholars to test, refute, amend, and change the author's general paradigms in each substantive law field as well as to engage in overall studies of Japanese legal culture."--Michigan Law Review
About the Author
John Owen Haley is at University of Washington School of Law.
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2 of 6 people found the following review helpful:
4.0 out of 5 stars
For general study,
This review is from: Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) (Paperback)
It worth reading, I think, for social study. Legal view is general but essential to understand the roots of Japanese social model. It can be interesting for the politicians, not the lawyers.
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Inside This Book
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First Sentence:
Japan's institutional debt to imperial China is difficult to overstate. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
conciliation statutes, bengoshi kai, conciliation law, public law regimes, private law regimes, feudal governance, criminal code offenses, judicial governance, informal enforcement, old civil code, tenancy disputes, formal law enforcement, applicable legal rules, legislated rules, litigation rates, other industrial democracies, legal ordering, administrative guidance, lesser communities, peace preservation law, samurai retainers, total caseload, former bureaucrats Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Ministry of Justice, Supreme Court, Meiji Constitution, East Asian, World War, Meiji Japan, T'ang Code, United Kingdom, Chalmers Johnson, Ministry of Finance, Allied Occupation, Frank Upham, Government Section, Sóka Gakkai, Western Europe, Code of Criminal Procedure, Finance Commission, Japanese Diet, Ryósuke Ishii, Self-Defense Forces, Department of Justice, Imperial Diet, Privy Council, Tokyo University New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Japan's institutional debt to imperial China is difficult to overstate. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
conciliation statutes, bengoshi kai, conciliation law, public law regimes, private law regimes, feudal governance, criminal code offenses, judicial governance, informal enforcement, old civil code, tenancy disputes, formal law enforcement, applicable legal rules, legislated rules, litigation rates, other industrial democracies, legal ordering, administrative guidance, lesser communities, peace preservation law, samurai retainers, total caseload, former bureaucrats Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Ministry of Justice, Supreme Court, Meiji Constitution, East Asian, World War, Meiji Japan, T'ang Code, United Kingdom, Chalmers Johnson, Ministry of Finance, Allied Occupation, Frank Upham, Government Section, Sóka Gakkai, Western Europe, Code of Criminal Procedure, Finance Commission, Japanese Diet, Ryósuke Ishii, Self-Defense Forces, Department of Justice, Imperial Diet, Privy Council, Tokyo University New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 100
books:
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19
books
cite this book:
See all 19 books citing this book
- Japanese Society (Center for Japanese Studies, Uc Berkeley) by Chie Nakane in Back Matter (1), Back Matter (2), and Back Matter (3)
- Japan as Number One: Lessons for America by Ezra Vogel in Back Matter (1), Back Matter (2), and Back Matter (3)
- The Postwar Japanese Economy by Professor Takafusa Nakamura in Back Matter (1), Back Matter (2), and Back Matter (3)
- Law in Japan: The Legal Order in a Changing Society by Arthur Taylor von Mehren in Back Matter (1), Back Matter (2), and Back Matter (3)
- Police and Community in Japan by Walter L. Ames in Back Matter (1), Back Matter (2), and Back Matter (3)
See all 100 books this book cites
- Japan: Economic Success and Legal System by Harald Baum on page 28, page 92, and page 211
- The Spirit of Japanese Law (Spirit of the Laws) by John Owen Haley in Back Matter (1), and Back Matter (2)
- Feminism in Modern Japan: Citizenship, Embodiment and Sexuality (Contemporary Japanese Society) by Vera Mackie on page 70
- Japan's Economic Dilemma: The Institutional Origins of Prosperity and Stagnation by Bai Gao in Back Matter
- The Japanese Mafia: Yakuza, Law, and the State by Peter B. E. Hill in Back Matter
See all 19 books citing this book
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