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

Authority without Power

Law and the Japanese Paradox

Paperback

Published: 1st December 1994
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This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.

"Haley, drawing on a range of secondary literature, offers a lengthy, historically rich examination of the development of Japanese law."--Comparative Politics "Fascinating....Contain[s] many insights concerning law and social control in Japan."--The Law and Politics Book Review "Authority Without Power is a major contribution to the field of Japanese law. The author not only establishes a bold and sweeping framework for a better understanding of Japanese law and legal history but also presents many stimulating, original interpretations. The extensive notes and bibliography are valuable for scholars. By analyzing law as an index to society, the author has succeeded in making the study of Japanese law in the United States, which has been the domain of a small circle of specialists, more appealing to a wider audience of both scholars and general readers."--The Journal of Asian Studies "Haley excels at history. He carefully traces Japan's "selective adaptation" of Chinese thought, and insightfully reveals how the hamlet, or mura, was the "paradigm" of Tokugawa governance....Haley's explanation of the historical and continuing paradox of Japanese law is well balanced."--Far Eastern Economic Review "Professor Haley has written one of the most provocative books on Japanese law and society. The book challenges other comparative legal scholars to test, refute, amend, and change the author's general paradigms in each substantive law field as well as to engage in overall studies of Japanese legal culture."--Michigan Law Review "Haley, drawing on a range of secondary literature, offers a lengthy, historically rich examination of the development of Japanese law."--Comparative Politics "Fascinating....Contain[s] many insights concerning law and social control in Japan."--The Law and Politics Book Review "Authority Without Power is a major contribution to the field of Japanese law. The author not only establishes a bold and sweeping framework for a better understanding of Japanese law and legal history but also presents many stimulating, original interpretations. The extensive notes and bibliography are valuable for scholars. By analyzing law as an index to society, the author has succeeded in making the study of Japanese law in the United States, which has been the domain of a small circle of specialists, more appealing to a wider audience of both scholars and general readers."--The Journal of Asian Studies "Haley excels at history. He carefully traces Japan's "selective adaptation" of Chinese thought, and insightfully reveals how the hamlet, or mura, was the "paradigm" of Tokugawa governance....Haley's explanation of the historical and continuing paradox of Japanese law is well balanced."--Far Eastern Economic Review "Professor Haley has written one of the most provocative books on Japanese law and society. The book challenges other comparative legal scholars to test, refute, amend, and change the author's general paradigms in each substantive law field as well as to engage in overall studies of Japanese legal culture."--Michigan Law Review "A very insightful and supremely well-documented book...useful not only for the lawyer dealing with persons and things Japanese, but also as a textbook for those who want to know, for other reasons, how Japanese handle conflicts....This book is infuriating in places. It is also perceptive, iconoclastic, eye-opening, superbly well-written, and witty. It may become a classic."--Journal of Japanese Studies "Haley's work is a sophisticated, clearly argued and important study of the nature of the state and the place and character of authority in Japan that should be of interest to readers in a wide range of social service disciplines."--Pacific Affairs

Acknowledgmentsp. vii
Introductionp. 3
Continuity with Change: The Historical Foundations of Governance and Legal Control in Japanp. 17
Emperors and Edicts: The Paradigm of the Administrative Statep. 19
Castellans and Contracts: The Legacy of Feudal Lawp. 33
Magistrates and Mura: The Ambivalent Tradition of Tokugawa Japanp. 51
Constitutions and Codes: The Making of the Contemporary Legal Orderp. 67
Cohesion with Conflict: The Containment of Legal Controlsp. 81
Lawsuits and Lawyers: The Making of a Mythp. 83
Policemen and Prosecutors: Crime Without Punishmentp. 121
Bureaucrats and Business: Administrative Power Constrainedp. 139
Hamlets and Hoodlums: The Social Impact of Law Without Sanctionsp. 169
Conclusion: Command Without Coercionp. 193
Notesp. 201
Conclusionp. 231
Referencesp. 233
Indexp. 251
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780195092578
ISBN-10: 0195092570
Series: Studies on Law and Social Control
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 272
Published: 1st December 1994
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 23.32 x 15.37  x 2.06
Weight (kg): 0.42