By Takao Tanase
This significant publication interprets seven landmark essays by way of certainly one of Japan's Most worthy and influential criminal thinkers. whereas Takao Tanase concedes that legislations will possibly not subject as a lot in Japan because it does within the usa, in a provocative problem to socio-legal researchers and comparative attorneys, he asks: why should still it? the difficulty, he contends, isn't no matter if legislations concerns to society; it truly is how society concerns to legislations. constructing a descriptive and normative conception of neighborhood and the legislation, the writer at once demanding situations the view that felony liberalism represents the head of felony success. He criticises liberalism for destroying neighborhood within the usa and for supplying fake wish for a not on time modernity in Japan. via using a particular interpretivist method, he constructs a communitarian version of legislation and society that serves instead to criminal liberalism. The publication demanding situations traditional understandings of such felony sociological staples as torts, attorneys' ethics, kinfolk legislation, human rights, constitutionalism and litigiousness. This attention-grabbing ebook will end up a stimulating, proposal upsetting learn for researchers and students of legislations, eastern and American experiences, sociology and jurisprudence.
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Additional info for Community and the Law: A Critical Reassessment of American Liberalism and Japanese Modernity
First, let us look at how legal fact-finding may be understood as narrative and then see how this differs from fact-finding in its strictly technical sense. Take, for example, the situation in which a witness testifies in court that he or she witnessed the ‘fact’ that ‘A hit B’ and the court accepts this as fact. As long as the witness is not deliberately lying, the testimony objectively and faithfully reproduces the fact without any active construction on the part of the witness or the judge. However, ‘hitting’ is understood only because it already has a meaning attached to it; a purely factual testimony might be that ‘A’s arm flew through the air in an arc and struck B in the face’.
129–34) contends that moral minimalism – the relative lack of moral concern for others – is prevalent today, especially in the suburbs. People do not want to be entangled in unwanted relationships and are resigned to the fact that they cannot speak out on moral issues. As interpersonal relationships weaken and the popularly-held moral code crumbles – whether grounded in religion or conventional morality – people today no longer believe there is a firm foundation to engage in moral discourse. Such is the flipside to the reverence of autonomy – the demise of moral authority means people no longer speak in moral terms.
The next issue is whether we allow judgments of a moral nature in circumstances when moral approbation by others constrains the autonomy of the individual. Moral approbation and individual autonomy are uneasy bedfellows. Moral approbation is a form of pressure; it compels people to act against their will. The incompatibility between deference to autonomy and moral approbation is particularly stark when, for example, people draw on conventional morality to dissuade others from asserting their rights.