1,720,966 research outputs found
State, Law, and Religious Syncretism in Japan: A Jurist's Perspective
No full textThe foreign observer is often struck by how Japanese people practice different religion in a syncretic way. Most Japanese, in fact, define themselves at the same time Buddhist and Shintoist, and see no contradiction in that. From a legal point of view, it is interesting to analyze how the State has (or has not) intervened in this religious identity phenomenon, occasionally favoring Buddhism, Shinto, or taking a neutral stance. This paper carries out a diachronic analysis of the legislation on religion: starting from a succinct historical description, it also takes into account the most recent developments on the topic. The paper includes some decision by the Supreme Court of Japan on the principle of a lay State, and the criticism towards religious education in schools after the enactment of the 2006 Education Law
Nomophilacy and beyond: Comparative reflections on judicial precedents by supreme jurisdictions in Italy and Japan
No full textThe issue of how civil law jurisdictions rely on precedents in the absence of a firm stare decisis rule is one of the most debated topics in comparative law. While most studies focus on the convergence of legal systems and/or rely on socio-legal reflections, this paper employs an institutional approach based on the comparison of the supreme courts of Italy and Japan, two civil law countries that share many similarities in history, perceptions of the civil litigation system, and eventual drift towards a quasi-precedential model. The study tries to demonstrate that even when there are no formally binding precedents, technical, procedural rules make supreme courts' decisions fundamental for the formation of norms. The analysis highlights the different weight each factor (i.e. structure and functioning of the supreme courts, reforms in civil procedure, access to justice) and actor (i.e. judges, scholars) has in the formation and application of precedents in Italy and Japan
Sakura Sōgorō: Law and Justice in Tokugawa Japan through the mirror of a ghost story
No full textGhost stories flourished during the Edo period (1603-1868) in Japan. Some are very interesting for the jurist analyzing the Tokugawa legal system through the lens of popular culture. This paper examines one of those stories, the tale of a peasant leader whose martyrdom at the hands of an unjust lord - and his return as a ghost - constitute a faithful depiction of the tension between law and justice under the Tokugawa. The story is surprisingly accurate about the description of the procedural system, and the difficulties and risks of bringing legal actions against the nobles are described in detail. Finally, the ghost itself plays a distinctive and important role in the collective imaginary as the agent to correct the defects of a legal system unable to provide justice for the lower strata of the population
Inside a frame, behind a glass. A preliminary inquiry on law and film in Japan
No full textThis paper provides both lawyers and cinema experts with some insights about the depiction of law and criminal justice in films in Japan. In recent years, there has been an increasing interest of the Japanese movie industry towards ‘courtrooms drama’, i.e., films set in tribunals and having lawyers, judges, and prosecutors as main characters: a small ‘Golden Age’ of law as depicted in Japanese cinema. This paper (co-written by a comparative lawyer and a film studies specialist) will address this phenomenon from two perspectives: one from a legal studies and popular culture framework, analyzing how such movies reflect – and at the same time shape – the ‘legal imagination’ in Japan. The other, from film studies, focuses on technical, directorial aspects, to emphasize how authors intend to depict the law and its actors
Opera and Law: Critical Notes
No full textThis paper intends to provide some methodological tools to explore the many different connections between law and opera. While the paper may of course be set in the context of studies about law and humanities, it intends to address some specific issues typical of the opera context. It proposes three different pathways: studies about legal problems as described in opera plays (“Law in opera”); analyses about the regulation of opera itself (copyright, etc., collectively referred to as “Law on opera”); and a broader, less theoretically-constrained field of connections between the two worlds, covering parallels between the circulation of legal and operatic traditions, regulations of new interaction between the audience and the staging, etc
First trimester maternal serum markers of aneuploidy and the risk of intrapartum fetal compromise
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The Law in Japan
No full textThis chapter describes the historical development and some current issues in Japanese Law
Law in the Opera, Law on the Opera, Law Around the Opera: A Multidisciplinary Approach
No full textLaw and opera may seem, at first glance, as two alien worlds, separated by immense cultural and thematical differences. The first is the world of rules, prescriptions, sanctions; the second is the world of imagination, passion, and spectacularization. However, law and opera can and actually do dialogue with each other, and on various different planes
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Law and Opera
No full textThis book explores the various connections between Law and Opera, providing a comprehensive, multinational, and multidisciplinary (with approaches from jurists, philosophers, musicologist, historians) resource on the subject. Further, it makes a valuable contribution to studies on law and the humanities. While, for example, the relationship between law and literature has been extensively researched, the relationship between Law and Opera remains largely overlooked. The book approaches the topic from three perspectives in three main sections: Law in Opera, Law on Opera, and Law around Opera
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