After a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author describes the wide scope of his activities, which included a vigorous promotion of civil liberties, surveillance of relevant legislation, and observation of the administration of justice throughout the country. He focuses on the Continental nature of the Japanese law and analyzes the American objectives as well as the personalities of the Occupation and of Japanese with whom he negotiated. Special chapters describe the Supreme Court mission to the United States (which the author escorted), the removal of General MacArthur, and the author's post-Occupation work on Japanese, Korean, and Ryukyuan problems. Treating all aspects of the legal reforms, this book provides insights into Japan during and after the Occupation. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.

With expert contributions from both the US and Japan, this book examines the legacies of the US Occupation on Japanese politics and society, and discusses the long-term impact of the Occupation on contemporary Japan. Focusing on two central themes – democracy and the interplay of US-initiated reforms and Japan's endogenous drive for democratization and social justice – the contributors address key questions: How did the US authorities and the Japanese people define democracy? To what extent did America impose their notions of democracy on Japan? How far did the Japanese pursue impulses toward reform, rooted in their own history and values? Which reforms were readily accepted and internalized, and which were ultimately subverted by the Japanese as impositions from outside? These questions are tackled by exploring the dynamics of the reform process from the three perspectives of innovation, continuity and compromise, specifically determining the effect that this period made to Japanese social, economic, and political understanding. Critically examines previously unexplored issues that influenced postwar Japan such as the effect of labour and healthcare legislation, textbook revision, and minority policy. Illuminating contemporary Japan, its achievements, its potential and its quandaries, this book will appeal to students and scholars of Japanese-US relations, Japanese history and Japanese politics.

Published to coincide with the 50th anniversary of the end of the American-led Allied Occupation of Japan (1945-52), The Allied Occupation of Japan is a sweeping history of the revolutionary reforms that transformed Japan and the remarkable men and women, American and Japanese, who implemented them.

The first study of colonial Taiwan in English, this volume brings together seventeen essays by leading scholars to construct a comprehensive cultural history of Taiwan under Japanese rule. Contributors from the United States, Japan, and Taiwan explore a number of topics through a variety of theoretical, comparative, and postcolonial perspectives, painting a complex and nuanced portrait of a pivotal time in the formation of Taiwanese national identity. Essays are grouped into four categories: rethinking colonialism and modernity; colonial policy and cultural change; visual culture and literary expressions; and from colonial rule to postcolonial independence. Their unique analysis considers all elements of the Taiwanese colonial experience, concentrating on land surveys and the census; transcolonial coordination; the education and recruitment of the cultural elite; the evolution of print culture and national literature; the effects of subjugation, coercion, discrimination, and governmentality; and the root causes of the ethnic violence that dominated the postcolonial era. The contributors encourage readers to rethink issues concerning history and ethnicity, cultural hegemony and resistance, tradition and modernity, and the romancing of racial identity. Their examination not only provides a singular understanding of Taiwan's colonial past, but also offers insight into Taiwan's relationship with China, Japan, and the United States today. Focusing on a crucial period in which the culture and language of Taiwan, China, and Japan became inextricably linked, Taiwan Under Japanese Colonial Rule effectively broadens the critique of colonialism and modernity in East Asia.

This study of modern Japan traces the impact of defeat and reconstruction on every aspect of Japan's national life. It examines the economic resurgence as well as how the nation as a whole reacted to defeat and the end of a suicidal nationalism.

The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.