Law and Social Change in Postwar Japan / Edition 1

Law and Social Change in Postwar Japan / Edition 1

by Frank K. Upham
ISBN-10:
0674517873
ISBN-13:
9780674517875
Pub. Date:
10/15/1989
Publisher:
Harvard
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Overview

Law and Social Change in Postwar Japan / Edition 1

Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen.

This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world's worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan's economy over the last twenty-five years.

Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.

Product Details

ISBN-13: 9780674517875
Publisher: Harvard
Publication date: 10/15/1989
Edition description: Reprint
Pages: 269
Product dimensions: 6.12(w) x 9.25(h) x (d)

Table of Contents

One: Models of Law and Social Change

Two Western Models

A Japanese Model

Two: Environmental Tragedy and Response

Pollution in Minamata

The Choice of Tactics

The Government's Response

Historical and Social Context of the Pollution Experience

Three: Instrumental Violence and the Struggle for Buraku Liberation

Development of the Buraku Liberation Movement

The Yata Denunciation

Denunciation Tactics in Court

The Theory and Effectiveness of Denunciation

Denunciation in Social and Political Context

Four: Civil Rights Litigation and the Search for Equal Employment Opportunity

The Litigation Campaign

Impact of the Cases

The Social and Political Role of Civil Rights Litigation

Five: Legal Informality and Industrial Policy

The Legal Framework of Industrial Policy

The Sumitomo Metals Incident

The Oil Cartel Cases

Industrial Policy in the 1980s

The Implications of Informality

Six: Toward a New Perspective on Japanese Law

The Ideology of Law in Japanese Society

The Operation of Law in Japanese Society

American Images of Japanese Law

Notes

Index

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