As Japanese companies establish overseas production facilities at an ever more repid pace, it is increasingly important for people in the host countries to understand the preconceptions upon which the Japanese approach to industrial relations is based. This book traces the development of Japanese labour law and shows how labour law has been related to the prevailing social, economic and political circumstances.
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
As Japanese companies establish overseas production facilities at an ever more repid pace, it is increasingly important for people in the host countries to understand the preconceptions upon which the Japanese approach to industrial relations is based. This book traces the development of Japanese labour law and shows how labour law has been related to the prevailing social, economic and political circumstances.
In an era of irregular labor, nagging recession, nuclear contamination, and a shrinking population, Japan is facing precarious times. How the Japanese experience insecurity in their daily and social lives is the subject of Precarious Japan. Tacking between the structural conditions of socioeconomic life and the ways people are making do, or not, Anne Allison chronicles the loss of home affecting many Japanese, not only in the literal sense but also in the figurative sense of not belonging. Until the collapse of Japan's economic bubble in 1991, lifelong employment and a secure income were within reach of most Japanese men, enabling them to maintain their families in a comfortable middle-class lifestyle. Now, as fewer and fewer people are able to find full-time work, hope turns to hopelessness and security gives way to a pervasive unease. Yet some Japanese are getting by, partly by reconceiving notions of home, family, and togetherness.
Andrew Gordon goes to the core of the Japanese enterprise system, the workplace, and reveals a complex history of contest and confrontation. The Japanese model produced a dynamic economy which owed as much to coercion as to happy consensus. Managerial hegemony was achieved only after a bitter struggle that undermined the democratic potential of postwar society. The book draws on examples across Japanese industry, but focuses in depth on iron and steel. This industry was at the center of the country's economic recovery and high-speed growth, a primary site of corporate managerial strategy and important labor union initiatives. Beginning with the Occupation reforms and their influence on the workplace, Gordon traces worker activism and protest in the 1950s and '60s, and how they gave way to management victory in the 1960s and '70s. He shows how working people had to compromise institutions of self-determination in pursuit of economic affluence. He illuminates the Japanese system with frequent references to other capitalist nations whose workplaces assumed very different shape, and looks to Japan's future, rebutting hasty predictions that Japanese industrial relations are about to be dramatically transformed in the American free-market image. Gordon argues that it is more likely that Japan will only modestly adjust the status quo that emerged through the turbulent postwar decades he chronicles here.
′The contributions of Woodiwiss, Lister and Sassen are outstanding but not unrepresentative of the many merits of this excellent collection′- The British Journal of Sociology From women′s rights, civil rights, and sexual rights for gays and lesbians to disability rights and language rights, we have experienced in the past few decades a major trend in Western nation-states towards new claims for inclusion. This trend has echoed around the world: from the Zapatistas to Chechen and Kurdish nationalists, social and political movements are framing their struggles in the languages of rights and recognition, and hence, of citizenship. Citizenship has thus become an increasingly important axis in the social sciences. Social scientists have been rethinking the role of political agent or subject. Not only are the rights and obligations of citizens being redefined, but also what it means to be a citizen has become an issue of central concern. As the process of globalization produces multiple diasporas, we can expect increasingly complex relationships between homeland and host societies that will make the traditional idea of national citizenship problematic. As societies are forced to manage cultural difference and associated tensions and conflict, there will be changes in the processes by which states allocate citizenship and a differentiation of the category of citizen. This book constitutes the most authoritative and comprehensive guide to the terrain. Drawing on a wealth of interdisciplinary knowledge, and including some of the leading commentators of the day, it is an essential guide to understanding modern citizenship. About the editors: Engin F Isin is Associate Professor of Social Science at York University. His recent works include Being Political: Genealogies of Citizenship (Minnesota, 2002) and, with P K Wood, Citizenship and Identity (Sage, 1999). He is the Managing Editor of Citizenship Studies. Bryan S Turner is Professor of Sociology at the University of Cambridge. He has written widely on the sociology of citizenship in Citizenship and Capitalism (Unwin Hyman, 1986) and Citizenship and Social Theory (Sage, 1993). He is also the author of The Body and Society (Sage, 1996) and Classical Sociology (Sage, 1999), and has been editor of Citizenship Studies since 1997.
First published in 1994. Many Japanese sociologists tend to regard the existence of local communal relationships in Japan as pre-modern, traditional and irrational. But the present author thinks of these as the primary charge of the move to post-modern societies in Japan. With field research caried out in Shimoda city in Shizuoka prefecture, Yokoshiba town in Chiba prefecture, Okaya city, Suwa city and Shimosuwa town in Nagano prefecture.
Feminist critics have long considered language a primary vehicle for the transmission of sexist values in a society. This much-needed sociolinguistic critique examines the representation of women in traditional Japanese language and society. Derogatory and highly-sexualized terms are placed in historical context, and the progress of nonsexist language reform is reviewed. Central to this work are the individual voices of Japanese women who took part in a survey, expressing their candid thoughts and concerns regarding biased gender representations. In their own words, they give voice to the reality of being female within the constraints of a traditional--and sometimes misogynistic--language.
