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。

The Japanese Legal System in a Nutshell by Professors Colin P.A. Jones and Frank S. Ravitch provides a thorough and up-to-date overview of Japan's legal system and system of government. Focusing on practical aspects of the subject, it covers the law-making process, constitutional theory and reality, the civil, criminal and administrative justice systems, the environment of business law and regulation and the Japanese legal professions. Importantly, it also provides a context for understanding the Japanese legal system in readily comprehensible terms, including historical background and the different (compared to the United States and other common law systems) role and organization of the courts as part of an overall system of government.

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.

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

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.