By John Owen Haley
This ebook deals a complete interpretive learn of the function of legislation in modern Japan. Haley argues that the weak point of felony controls all through jap historical past has guaranteed the improvement and energy of casual neighborhood controls in line with customized and consensus to keep up order--an order characterised by way of amazing balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes by way of exhibiting how Japan's vulnerable felony procedure has strengthened preexisting styles of extralegal social keep watch over, hence explaining some of the primary paradoxes of political and social lifestyles in modern Japan.
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Extra resources for Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control)
4 The real strength of the feudal bonds in both Europe and Japan varied according to the social and economic circumstances and the rewards and costs of breaches on both sides. However, each characterization had a certain logic of its own with consequences for each society. Whether in Europe or Japan, lord-vassal relations like other consensual arrangements 38 Continuity with Change were premised on a measure of voluntary choice between autonomous parties. In neither did the form of public or regulatory law enforcement available to rulers to govern their subjects—or the state, its citizens—fit comfortably a legal order based on agreement.
In other words, for most private disputes, the authorities were primarily concerned with peaceful resolution whatever the result, not the enforcement of particular rules or norms of behavior. Emphasis on mediation or conciliation notwithstanding violations of explicit legal rules—whether the settlement of commercial disputes within a guild, village controversies within the community, or family quarrels within the extended household—reflected indifference on the part of the state and its officials to the conformity of the outcome to any prescribed rule or standard.
To the extent that feudal arrangements replicated Roman antecedents, particularly from the eleventh century onward, those who governed acquired a greater measure of legitimacy and acceptance as heirs to the Roman tradition. In Japan, in contrast, so long as the institutions Castellans and Contracts 37 of imperial rule remained, including ritsuryo legislation, albeit contained and controlled, the governing warriors of feudal Japan could not duplicate the imperial court or its legislative authority.
Authority without Power: Law and the Japanese Paradox (Studies on Law and Social Control) by John Owen Haley