By John Owen Haley

This e-book deals a finished interpretive examine of the position of legislation in modern Japan. Haley argues that the weak point of criminal controls all through jap background has guaranteed the advance and power of casual group controls in line with customized and consensus to keep up order--an order characterised through amazing balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes by means of exhibiting how Japan's susceptible felony procedure has strengthened preexisting styles of extralegal social keep watch over, therefore explaining the various 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)

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As Schwartz cautions,30 however, a caveat is necessary that any nuance of conjunction of coercive power or will with such authority is misleading. What distinguishes the conception of the state as embodied in the imperial institution in the Chinese legal tradition is the apparent lack of any bounds or limits to its authority over all aspects of social life. There was no developed concept separating "public" and "private" spheres of activity to contain state authority. Instead, private activity was in effect those areas that the state chose to exclude from its regulatory reach rather than a realm to which its authority could not extend.

The institutional history of Japan from the late twelfth through the midsixteenth centuries reflects the repetition of earlier patterns—the conflicts and tensions between the holders of power at the center and those at the periphery, who in control of greater resources challenged the center and asserted their own independence. In the ensuing conflicts over power and autonomy, new patterns of social organization and control emerged. Those that proved to be the most effective prevailed to become, at least for a time, the dominant patterns.

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. In such instances peaceful settlement, not law enforcement, was the primary official concern. However unlawful, conduct with little impact on sensitive official interests could be ignored.

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Authority without Power: Law and the Japanese Paradox by John Owen Haley
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