Cover -- Title -- Copyright -- Dedication -- Table of Contents -- List of Tables -- List of Figures -- Acknowledgements -- Introduction -- Chapter 1: From Ōoka Tadasuke to Hozumi Yatsuka -- Chapter 2: Suehiro Izutarō and the Founding of the Law-and-Society Movement in Japan -- Chapter 3: The Caselaw Study Group -- Chapter 4: Settlement Houses and the Law-and-Society Movement after the Great Kantō Earthquake -- Chapter 5: Minoda Muneki, Tanaka Kōtarō, and the Shibboleth of the Kokutai -- Chapter 6: Defeat, Purge, and Rehabilitation -- Photos -- Bibliography -- Index.
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"This is the first monograph on Suehiro in the English language. As the representative figure of the law and society movement in Japan, a study of Suehiro helps us go much deeper into the often-neglected jurisprudential aspects of Japanese history. Far from being a matter of poring over dusty lawbooks and parsing legalese, law-and-society studies helps us see the kaleidoscopic interaction among elites and common people in the roiling 1920s and 30s, greatly complicating and enriching our view of Japanese society (and law) as a whole. Also, Suehiro is our entrepôt into an intellectual history of law-and-society study in Japan. He was in the thick of the social changes of the mid to late Taishō and early Shōwa periods, and was able to translate what he saw around him into the theoretical and legal planes with great fluency. He could translate in the other direction with equal facility. For his time as well as for ours, Suehiro was, and is, an adroit interpreter between society and law, and the addition of his voice to the pageant of Japanese history in English is long overdue"--
The separation of powers doctrine limits the ability of the legislature to retroactively overrule judicial constructions of existing statutes. It is the province of the judiciary to interpret the law. Once a court interprets a statute, the legislature can only amend that statute prospectively. In the 1998 case of Theodoratus v. State Department of Ecology, the Supreme Court of Washington interpreted the Water Code to require that the proper measure of a water right is the amount of water actually beneficially used, and not the capacity of a water delivery system. In 2003, the Washington Legislature responded to the court's holding by passing legislation that retroactively exempted certain municipal water suppliers from the requirement of beneficial use. This Comment argues that the 2003 legislation violates the separation of powers doctrine by retroactively exempting municipal suppliers from the requirements of beneficial use and mandating a result directly contrary to the court's holding in Theodoratus. Allowing the legislature to retroactively overrule the court's interpretation of the Water Code effectively turns the legislature into the court of last resort.
Eldridge and Morgan set a new paradigm for East Asian contemporary historiography by viewing the decade of the 1960s as hermeneutically powerful. From street battles over Japan's security treaty with the United States, to a peace treaty with the former Japanese territory of South Korea, to Japan's hosting the 1964 Summer Olympics, the 1960s in Japan was a decade of turning points. This book is the first to see the 1960s as a historical subject in its own right and argues that the specificity and internal complexity rooted in East Asia during this period showed how East Asians were dynamic agents in shaping the decade. In this volume, contributors consider Japanese responses to a 1961 coup in the Republic of Korea; the Sat Eisaku administration's approach to nuclear deterrence and to the question of Okinawa's return from American control; U.S.-Japan intellectual exchange during the Cold War; support by Japanese businesspeople for the Self-Defense Forces; the soft power of Japanese cinema in the 1960s; Japan's understanding of 1960s United Nations peacekeeping operations; changes in national polity discourse in the 1960s; the Dalai Lama's 1967 visit to Japan; economic development in and cultural exchange between 1960s Japan and Spain; Japan's science and technology interactions with the United States; and the earliest known, and suspected, cases of North Korean abduction of Japanese citizens. Much of the information in this volume has never appeared in English before. This is an important volume for historians, political scientists, sociologists, and other scholars specializing in the twentieth century and those interested in cutting-edge history-writing about a transformative 10-year period in East Asia.
