基本説明
Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism.
Full Description
This important book translates seven landmark essays by one of Japan's most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law.
Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers' ethics, family law, human rights, constitutionalism and litigiousness.
This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.
Contents
Contents: Part I: Introduction 1. Introduction — Community and the Law: A Critical Reassessment of American Liberalism and Japanese Modernity Part II: A Critique of American Liberalism 2. Invoking Law as Narrative: Lawyers' Ethics and the Discourse of Law in the United States 3. The Moral Foundations of Tort Liability 4. Post-Divorce Child Visitations and Parental Rights: Insights from Comparative Legal Cultures Part III: A Normative Theory of Community and the Law 5. Rights and Community 6. Communitarianism and Constitutional Interpretation Part IV: A Re-Evaluation of Japanese Modernity 7. Japanese Modernity Revisited: A Critique of the Theory and Practice of Kawashima's Sociology of Law 8. Litigation in Japan and the Modernisation Thesis Bibliography Index
