Janus-Faced Justice
Janus-Faced Justice

Author: Richard H. Mitchell

Publisher: University of Hawaii Press

Published: 1992-01-01

Total Pages: 268

ISBN-13: 9780824814106

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In his study of the treatment of political criminal suspects and prisoners from 1868 to 1945, Richard H. Mitchell makes a major contribution to our knowledge and understanding of Japan's criminal justice system at a most critical juncture in that country's history. Through careful research and sensitive evaluation of the source materials, Mitchell identifies two contrasting themes--a high degree of state repression and a concern for human rights--and shows how a system that clearly involved considerable brutality, torture, and illegal detention also exhibited elements of humanity and fairness. He argues that this contradiction is best understood by viewing prewar Japan as a "paternalistic police state," in which brutality was the other side of benevolence. The scope of inquiry of this study encompasses a broad range of issues. It assays laws for control of political dissent as well as the origins of the movement for human rights of criminal suspects and convicts, giving special attention to the behavior of defense lawyers. It sorts out the actors and their roles in upholding or violating individual rights and does a superb job of conveying the subtle difficulties faced by judges as well as the markedly "un-American" legal context of political trials. It describes and makes critical distinctions between conditions in prisons and facilities for special detention and surveillance, and it challenges a number of common assumptions, including long-cherished views about the differences between the 1920s and 1930s. Numerous cases of alleged police brutality are evaluated and police actions analyzed. Tenko (conversion), a novel method of dealing with political criminal suspects and convicts, is explored together with the little-known Criminal Compensation Law. Throughout, the yardstick by which treatment of accused and convicted criminals is judged is the state's own laws and regulations. In addition to evaluation by these internal standards, Mitchell devotes his final chapter to a very useful comparison with the situation in Europe during the same period. There is no other work in English on precisely this subject and no other related work of this scope. Although Mitchell's focus is on political offenders, there is enough material on the overall system to make this volume easily the best available resource on prewar Japanese criminal justice.

Legacies of State Violence and Transitional Justice in Latin America
Legacies of State Violence and Transitional Justice in Latin America

Author: Global South Study Center (GSSC), University of Cologne

Publisher: Lexington Books

Published: 2015-10-22

Total Pages: 216

ISBN-13: 1498513867

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Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that “transitional justice”—understood as both a conceptual framework shaping discourses and a set of political practices—is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America’s reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm’s reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?

The Double-Facing Constitution
The Double-Facing Constitution

Author: Jacco Bomhoff

Publisher: Cambridge University Press

Published: 2020-01-30

Total Pages: 443

ISBN-13: 1108485480

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Explores how constitutional orders engage with and are shaped by their exteriors.

Rights in Exile
Rights in Exile

Author: Guglielmo Verdirame

Publisher: Berghahn Books

Published: 2005

Total Pages: 422

ISBN-13: 9781845451035

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Of the estimated 12 million refugees in the world, more than 7 million have been confined to camps, effectively "warehoused," in some cases, for 10 years or more. Holding refugees in camps was anathema to the founders of the refugee protection regime. Today, with most refugees encamped in the less developed parts of the world, the humanitarian apparatus has been transformed into a custodial regime for innocent people. Based on rich ethnographic data, Rights in Exile exposes the gap between human rights norms and the mandates of international organisations, on the one hand, and the reality on the ground, on the other. It will be of wide interest to social scientists, and to human rights and international law scholars. Policy makers, donor governments and humanitarian organizations, especially those adopting a "rights-based" approach, will also find it an invaluable resource. But it is the refugees themselves who could benefit the most if these actors absorb its lessons and apply them. Guglielmo Verdirame is a Lecturer in Law at the University of Cambridge and a Fellow of Corpus Christi College. He is also the author of a forthcoming book on the accountability of the United Nations. Barbara Harrell-Bond, Founding director of the Refugee Studies Centre, University of Oxford, has, after retirement, been Visiting Professor at Makerere University and at the American University in Cairo. In 1996, she received the Distinguished Service Award of the American Anthropological Association. She is the author of Imposing Aid (Oxford, 1986).

Why Nationalism
Why Nationalism

Author: Yael Tamir

Publisher: Princeton University Press

Published: 2020-11-17

Total Pages: 250

ISBN-13: 0691212058

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The surprising case for liberal nationalism Around the world today, nationalism is back—and it’s often deeply troubling. Populist politicians exploit nationalism for authoritarian, chauvinistic, racist, and xenophobic purposes, reinforcing the view that it is fundamentally reactionary and antidemocratic. But Yael (Yuli) Tamir makes a passionate argument for a very different kind of nationalism—one that revives its participatory, creative, and egalitarian virtues, answers many of the problems caused by neoliberalism and hyperglobalism, and is essential to democracy at its best. In Why Nationalism, she explains why it is more important than ever for the Left to recognize these positive qualities of nationalism, to reclaim it from right-wing extremists, and to redirect its power to progressive ends. Provocative and hopeful, Why Nationalism is a timely and essential rethinking of a defining feature of our politics.

Two Faces of Janus
Two Faces of Janus

Author: Linnea Tanner

Publisher: Apollo Raven Publisher, LLC

Published: 2021-08-06

Total Pages: 37

ISBN-13: 1733600221

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A young nobleman confronts a specter from the past that could threaten his family’s legacy. A brash young aristocrat, Lucius Antonius anticipates Emperor Augustus Caesar will support his lofty ambitions to serve as a praetor in the Roman justice system in 2 BC Rome. As the son of the distinguished politician and poet, Iullus Antonius, Lucius prays to Janus, the two-faced god of beginnings, to open the door for him to rise politically. But he is unaware of the political firestorm ready to erupt in the imperial family. Augustus must confront evidence that his daughter, Julia, has behaved scandalously in public and that Iullus is her lover. The prospect that Julia might want to marry Iullus—the only surviving son of Marcus Antonius—threatens to redirect the glory from Augustus to his most hated rival beyond the grave. Caught in the political crossfire, Lucius must demonstrate his loyalty to Augustus by meeting all of his demands or face the destruction of his family’s legacy and possibly his own life. Will Lucius ultimately choose to betray and abandon his disgraced father?

Justice in Japan
Justice in Japan

Author: Richard H. Mitchell

Publisher: University of Hawaii Press

Published: 2002-03-31

Total Pages: 281

ISBN-13: 0824863208

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The Imperial Rayon Company corruption scandal (popularly known as the Teijin incident) was Japan's major interwar political bribery case. Compared to numerous Japanese corruption cases of the past century, the Teijin affair stands out as not only the most sensational of the pre-1945 era, but also the most important--perhaps because more than any other case, it has left an indelible mark on the public mind. Nevertheless, Japanese and foreign scholars have neglected this incident, which brought down an entire cabinet and produced a record-setting trial. The sixteen defendants, all prominent bureaucrats, ministers, and businessmen, were charged with illegally profiting from the sale of Imperial Rayon Company stock held by the Bank of Japan. In December 1937, after a more than two-year trial, all sixteen were found innocent when the judges declared that the case had been fabricated by the prosecution. Their verdict ranks in importance with the famous Otsu case judgment, the benchmark for judicial independence from the executive. Despite its importance, basic facts about the Teijin case remain obscure, as scholars repeat factual misinformation and produce farfetched conspiracy theories. This study, the first comprehensive, scholarly work on the subject in English or Japanese, investigates controversial and important issues regarding the origins, results, and significance of the incident. It illustrates transwar continuities within the judicial system by showing that the institutional flaws in the old criminal justice system, which were magnified by the Teijin investigation and trial, remain embedded despite reform attempts during the Occupation. While illuminating the basic institutional features that generated it, the author uses the incident to spotlight the considerable amount of political criticism and public conflict that existed in Japan in the 1930s.

The Challenge of Migration in a Janus-Faced Europe
The Challenge of Migration in a Janus-Faced Europe

Author: Laura Zanfrini

Publisher: Springer

Published: 2018-11-19

Total Pages: 174

ISBN-13: 303001102X

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This book critically investigates the origins and consequences of the Janus-faced character of attitudes and policies towards migrants that seek to penetrate “Fortress Europe”. Beginning with an examination of its founding ambitions, it locates the roots of an ingrained ambivalence in the legacies of the post-war period and the unresolved tension between the economicism of the European approach to labour migration and the philosophy of rights and solidarity embedded in the EU project. It highlights how the formalization of citizenship rights has produced both formal pathways towards inclusion for migrants and, in their selective eligibility criteria, exclusive systems of civic stratification. The author links this oscillation between positions of closure and openness to the paradoxical trade-offs in migration policies, in particular labour market integration, demonstrated through unequal labour market outcomes, lower social mobility and educational attainments. The issues faced by migrants’ offspring in Europe are examined as paradigmatic of the struggle to balance competing calls for both pluralism and uniformity: to create a diverse society that can also project a homogenous collective identity. This balanced overview will provide an invaluable resource for students of migration studies, European politics, public policy, international relations and the sociology of racism.

The Police In Occupation Japan
The Police In Occupation Japan

Author: Christopher Aldous

Publisher: Routledge

Published: 2014-04-08

Total Pages: 313

ISBN-13: 1134759819

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Many Western commentators have expressed their admiration for the Japanese police system, tracing its origins to the American Occupation of Japan (1945-52). This study challenges the assumptions that underlie these accounts, focusing on the problems that attended the reform of the Japanese police during the Occupation. Drawing on a wide range of primary sources, Christopher Aldous explores the extent to which America failed in it's goal of 'democratizing' the Japanese police force, arguing that deeply-rooted tradition, the pivotal importance of the black market, and the US's decision to opt for an indirect Occupation produced resistance to reform. His study concludes with a consideration of the postwar legacy of the Occupation's police reform, and touches on a number of recent controversies, most notably the case of Aum Shinrikyo.

Punishment and Power in the Making of Modern Japan
Punishment and Power in the Making of Modern Japan

Author: Daniel V. Botsman

Publisher: Princeton University Press

Published: 2013-10-24

Total Pages: 338

ISBN-13: 1400849292

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The kinds of punishment used in a society have long been considered an important criterion in judging whether a society is civilized or barbaric, advanced or backward, modern or premodern. Focusing on Japan, and the dramatic revolution in punishments that occurred after the Meiji Restoration, Daniel Botsman asks how such distinctions have affected our understanding of the past and contributed, in turn, to the proliferation of new kinds of barbarity in the modern world. While there is no denying the ferocity of many of the penal practices in use during the Tokugawa period (1600-1868), this book begins by showing that these formed part of a sophisticated system of order that did have its limits. Botsman then demonstrates that although significant innovations occurred later in the period, they did not fit smoothly into the "modernization" process. Instead, he argues, the Western powers forced a break with the past by using the specter of Oriental barbarism to justify their own aggressive expansion into East Asia. The ensuing changes were not simply imposed from outside, however. The Meiji regime soon realized that the modern prison could serve not only as a symbol of Japan's international progress but also as a powerful domestic tool. The first English-language study of the history of punishment in Japan, the book concludes by examining how modern ideas about progress and civilization shaped penal practices in Japan's own colonial empire.