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

By John Owen Haley

This ebook bargains a complete interpretive research of the function of legislations in modern Japan. Haley argues that the weak spot of criminal controls all through jap heritage has guaranteed the improvement and energy of casual neighborhood controls in line with customized and consensus to take care of order--an order characterised by means of extraordinary balance, with an both major measure of autonomy for people, groups, and companies. Haley concludes by means of exhibiting how Japan's vulnerable felony process has strengthened preexisting styles of extralegal social keep an eye on, hence explaining some of the basic paradoxes of political and social lifestyles in modern Japan.

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Law was restricted to regulatory statutes and codified administrative instructions defining prescribed duties owed to the court as the embodiment of political authority, with control over the processes for both making and enforcing 19 20 Continuity with Change these rules confined to the court and its bureaucracies. In imperial China, all law was public, commonly defined in contemporary Western jurisprudence to comprise such fields as constitutional law, administrative law, and criminal law. P.

Although arbiters inevitably also make rules in recognizing and enforcing particular norms of custom or code, the process is more subtle and gradual. With appeals or a process for review, there is time to gauge reaction and test whether the outcome gains consent or approval. It affords authorities an opportunity to correct errors if there is resistance without risking challenge to their authority. It may also be argued that feudal or other systems of decentralized, local governance that seek to maintain order and need to justify their authority to rule tend inexorably to look to custom and precedent as primary sources for legal rules and resort to an adjudicatory or judicial system for their enforcement.

In cases involving more serious offenses, such as treason or homicide, the authorities were required to act upon an accusation. However, for crimes considered less important in terms of state interests, private prosecution with considerable discretion on the part of the magistrate to avoid judgment and to promote settlement was the rule. The T'ang Code's incorporation of the principles of "retributive punishment" for false accusations and "retributive torture" to ensure equality in treatment between accuser and accused, deterred all but the most determined to make an Emperors and Edicts 23 15 accusation and prosecute a case.

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