Authority without Power
Law and the Japanese Paradox
1st Edition
Published on 1. December 1994
269 pages
978-0-19-535779-0 (ISBN)
Description
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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05/1996
Oxford University Press Inc
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John Owen Haley
Authority without Power
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11/1991
Oxford University Press Inc
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Content
- Intro
- Contents
- Introduction
- The Japanese Paradox
- The Elements, Attributes, and Functions of Law
- Authority without Power
- Law's Domain
- I: Continuity with Change: The Historical Foundations of Governance and Legal Control in Japan
- 1 Emperors and Edicts: The Paradigm of the Administrative State
- Public versus Private Law Orders and the Primacy of State Interests
- Secular versus Moral Law and the Pervasive Authority of the State
- Redefining the Legacy: Japan's Selective Adaptation of Chinese Legal Institutions
- 2 Castellans and Contracts: The Legacy of Feudal Law
- Early Patterns of Feudal Governance
- The Feudal Contract
- Order by Adjudication
- Impulse toward Power and Autonomy
- Control through Dependency
- Power without Authority: Law and the Redefinition of Legitimate Rule
- 3 Magistrates and Mura: The Ambivalent Tradition of Tokugawa Japan
- Quest for Legitimacy
- Return to the Administrative State
- Judicial Governance
- Autonomy with Dependence: The Enforced Cohesion of the Mura
- 4 Constitutions and Codes: The Making of the Contemporary Legal Order
- The Meiji Transformation
- Reform and Reaction
- The Civil Code Controversy
- The Meiji Constitution Reconsidered
- II: Cohesion with Conflict: The Containment of Legal Controls
- 5 Lawsuits and Lawyers: The Making of a Myth
- Adaptation, Revision, and the Rediscovery of Tradition
- Advance and Retreat: Lawyers in Prewar Japan
- Occupation Reforms and Postwar Patterns
- Autonomy with Security: Freedom from Control as a Scarce Social Resource
- The Fallacy of America as Model
- To Sue or Not to Sue
- 6 Policemen and Prosecutors: Crime without Punishment
- Falling Crime Rates but Chronic Delay
- Institutional Options
- Confession, Repentance, and Absolution
- 7 Bureaucrats and Business: Administrative Power Constrained
- Bureaucratic Influence in Japan: A Comparative Perspective
- Regulation by Cartel: Origins
- Occupation Regulatory Reforms
- Regulation by Cartel: Postwar Pattern
- A Mission to Manage
- The Political Limits of Bureaucratic Power
- Administrative Guidance: A Reflection of Authority without Power
- The Consequences of Informal Enforcement
- Consensual Governance
- 8 Hamlets and Hoodlums: The Social Impact of Law without Sanctions
- Patterns of Community Control
- The Mura as Model
- Consensual Sanctions
- The Dark Side of Social Controls
- Law as Tatemae
- Power, Consensus, and Fairness
- Conclusion: Command without Coercion
- References
- Notes
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
- Y
- Z
