By John Owen Haley
This booklet bargains a accomplished interpretive learn of the function of legislations in modern Japan. Haley argues that the weak spot of criminal controls all through eastern background has guaranteed the advance and power of casual neighborhood controls according to customized and consensus to take care of order--an order characterised through amazing balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes by way of exhibiting how Japan's vulnerable criminal procedure has strengthened preexisting styles of extralegal social keep an eye on, therefore explaining the various basic paradoxes of political and social existence in modern Japan.
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Extra resources for Authority without Power: Law and the Japanese Paradox
Government becomes impossible. . "25 Both Legalists and Confucianists assumed, however, the essential separation of law and morality. Legal rules could and did reflect moral concerns, but the distinction between the two was well understood and accepted. Law itself, whether considered essential or barely condoned, was accepted as a necessary if distasteful instrument of state governance. "26 Law could reflect moral norms—selectively—but legal rules in the Chinese tradition could not be in and of themselves moral commands.
By wresting such recognition from the throne, the Kamakura bakufu further blurred any distinction between public and private governance. 3 Imperial appointment of Yoritomo as shogun seven years later may thus be viewed as confirmation of power already ceded, but with it came the legitimacy of delegated powers and the capacity to rule by law. Yet, again in contrast to the European experience, such recognition reinforced the value of the authority otherwise so successfully challenged. Not, it appears, until the neo-Confucianist redefinition of ruler as lawmaker, as opposed to law as ruler-made, gained a foothold in the seventeenth century, as explained below, was this sustaining need for imperial authority conceptually threatened.
Only those norms and rules deemed important to those who rule are secured and maintained. Not unexpectedly, therefore, one discovers in the codes of successive Chinese dynasties from the Ch'in through the Ch'ing (1644-1911) an emphasis on precepts of respect, loyalty, and obedience to those in authority but not the equally important, reciprocal ethical duties of benevolence owed by rulers to the ruled. Law was an instrument of state control not an instrument to control the state, while the traditional moral order or cosmology regulated both.
Authority without Power: Law and the Japanese Paradox by John Owen Haley