外国人研究者の視点から、日本法の歴史的形成・発展や現代法の構造や制度を英語で解説。外国人学習者・研究者に最適なテキスト。

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.

This biography of the first foreign-born samurai and his journey from Africa to Japan is “a readable, compassionate account of an extraordinary life” (The Washington Post). When Yasuke arrived in Japan in the late 1500s, he had already traveled much of the known world. Kidnapped as a child, he had ended up a servant and bodyguard to the head of the Jesuits in Asia, with whom he traversed India and China learning multiple languages as he went. His arrival in Kyoto, however, literally caused a riot. Most Japanese people had never seen an African man before, and many of them saw him as the embodiment of the black-skinned Buddha. Among those who were drawn to his presence was Lord Nobunaga, head of the most powerful clan in Japan, who made Yasuke a samurai in his court. Soon, he was learning the traditions of Japan’s martial arts and ascending the upper echelons of Japanese society. In the four hundred years since, Yasuke has been known in Japan largely as a legendary, perhaps mythical figure. Now African Samurai presents the never-before-told biography of this unique figure of the sixteenth century, one whose travels between countries and cultures offers a new perspective on race in world history and a vivid portrait of life in medieval Japan. “Fast-paced, action-packed writing. . . . A new and important biography and an incredibly moving study of medieval Japan and solid perspective on its unification. Highly recommended.” —Library Journal (starred review) “Eminently readable. . . . a worthwhile and entertaining work.” —Publishers Weekly “A unique story of a unique man, and yet someone with whom we can all identify.” —Jack Weatherford, New York Times–bestselling author of Genghis Khan

This book offers an up-to-date and comprehensive reference to Japanese law with a primary focus on private law, including commercial and business-related laws such as corporate law, contract law, and competition law. It also covers a wide range of related topics, such as the protection of human rights, systems of dispute settlement, and criminal law and procedure. Fully updated and revised, this fourth edition expands on the major reforms and substantial changes Japanese law has gone through since the 1990s and analyses the successes and failures of implemented changes in light of developments since the third edition (2009), by referring to new amendments, judgements, and Supreme Court cases. Providing clear guidance and detailed analysis to help demystify Japanese law, this book is an essential reference work for all who have an interest in Japanese law.

The first English-language study of German-Japanese interwar relations to employ sources in both languages.

This book provides a detailed examination of judicial decision-making in Japanese cases involving sexual violence. It describes the culture of 'eroticised violence' in Japan, which sees the feminine body as culpable and the legal system which encourages homogeneity and conformity in decision-making and shows how the legal constraints confronting women claiming sexual assaults are enormous. It includes analysis of specific case studies and a discussion of recent moves to address the problem.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Japan provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Japan will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.