The Ritual of Rights in Japan
Law, Society, and Health Policy

Examines how rights-based conflict is important in Japanese law, politics and society.

Eric A. Feldman (Author)

9780521779647, Cambridge University Press

Paperback, published 30 March 2000

236 pages
22.8 x 15.3 x 1.7 cm, 0.39 kg

'… 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.' Japanese Journal of Political Science

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.

Preface
Acknowledgements
1. Reconsidering rights in Japanese law and society
2. Rights in Japanese history
3. Patients, rights and protest in contemporary Japan
4. AIDS policy and the politics of rights
5. Asserting rights, legislating death
6. Litigation and the courts: talking about rights
7. A sociolegal perspective on rights in Japan
Notes
Bibliography
Index.

Subject Areas: Sociology & anthropology [JH]