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  1. Home
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  3. The Ritual of Rights in Japan
  • Cited by 58
Publisher:
Cambridge University Press
Online publication date:
July 2009
Print publication year:
2000
Online ISBN:
9780511495465
DOI:
https://doi.org/10.1017/CBO9780511495465
Subjects:
Area Studies, Socio-Legal Studies, Law, Asian Studies
Series:
Cambridge Studies in Law and Society
Information

Book description

The Ritual of Rights in Japan challenges the conventional wisdom that the assertion of rights is fundamentally incompatible with Japanese legal, political and social norms. It discusses the creation of a Japanese translation of the word 'rights', Kenri; examines the historical record for words and concepts similar to 'rights'; and highlights the move towards recognising patients' rights in the 1960s and 1970s. Two policy studies are central to the book. One concentrates on Japan's 1989 AIDS Prevention Act, and the other examines the protracted controversy over whether brain death should become a legal definition of death. Rejecting conventional accounts that recourse to rights is less important to resolving disputes than other cultural forms,The Ritual of Rights in Japan uses these contemporary cases to argue that the invocation of rights is a critical aspect of how conflicts are articulated and resolved.

Reviews

‘It is, in short, essential and provocative reading for all students of Japan.’

Source: Japanese Journal of Political Science

‘The book reminds us of the significance of critical examination of cultural myths and assumptions, and the costs of isolating contemporary issues from history. Feldman also demonstrates that innovative scholarship comes from in-depth analysis of the previous literature, painstaking data collection and, above all, open-mindedness’

Naoko Muramatsu Source: Social Science Japan Journal

‘… compelling insights into the role of individual rights in Japan, persuasively critiques prevailing models of the legal system and social conflict in Japan, and effectively highlights the similarities - as well as the differences - between Japan and other countries. As such, it should appeal to students of Japanese history and politics as well as legal studies. It is, in short, essential and provocative reading for all students of Japan.’

Source: Japanese Journal of Political Science

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