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

By John Owen Haley

This publication deals a finished interpretive examine of the function of legislations in modern Japan. Haley argues that the weak point of felony controls all through eastern heritage has guaranteed the advance and power of casual neighborhood controls according to customized and consensus to keep up order--an order characterised by way of impressive balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes via exhibiting how Japan's vulnerable felony process has bolstered preexisting styles of extralegal social keep an eye on, therefore explaining some of the basic paradoxes of political and social lifestyles in modern Japan.

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Law enforcement by adjudication, on the other hand, amounted to a form of indirect rule with only isolated tests of power. It required less manpower and fewer resources. Adjudication also complemented bakufu authority. Those who dispensed justice did so as neutral arbiters deciding claims based on local practice, custom, and official documents, not legislated codes. Both those who sought relief or defended against a claim could submit to the authority of the Kamakura bakufu as equals or near equals obliged to obey out of bonds of allegiance.

20 In the United States, the view expressed in the Massachusetts Code of 1648 that "there is no humane law that tendeth to the common good but the same is mediately a law of God and that in way of an Ordinance which all are to submit unto and that for conscience sake" prevailed well into the nineteenth century and is, as argued above, not without influence today. Used in this sense, "justice" did not exist in traditional Chinese law. "22 Nor, as Needham persuasively argues, could China develop a concept of natural law or a legal order originating in a corpus of universally applicable legal rules.

In contrast to Japan, the collapse of the Roman Empire and with it Roman legal institutions in Europe left a vacuum filled by rival claimants to both power and authority. Even conflicts between church and state involved competition for both authority and power. The distinction between public and private rule in the Western sense, too, ceased to be meaningful as, in Strayer and Coulborn's terms, the relation between lord and vassal replaced that between Roman ruler and subject. One consequence was the freedom of European feudal overlords to borrow and adapt the conceptual and institutional remnants of the Roman system.

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