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(★)(Titulo original : 日本における表現の自由 [Nihon ni okeru Hyoogen no Jiyuu])(The topic of freedom of expression is one that is frequently encountered in the West, both in the media and in academic writings, but such discussions generally revolve around the developed countries of the West and criticisms of non-Western or communist bloc countries. Regarding Japan, there is little on the subject outside of specialized scholarly journals, and even such articles tend to focus on one technical legal issue and to lack any broader view or explanation of context. In this, as in other respects, ´Freedom of Expression in Japan´ is an overwhelming achievement : not even in Japanese is there such a comprehensive study of the subject. Intended as much for those unfamiliar with Japan or law as for Japan specialists, the book begins with an introduction to the comparative study of freedom under law and the theoretical underpinnings of free speech. These place the discussion in context and widen its appeal well beyond scholars of constitutional law and Japan. Thereafter follows the main discussion of many facets of freedom of expression past and present, such as the freedoms of assembly and association, worker rights, press freedom, the issues of obscenity and privacy rights, freedom of information, textbook publishing freedom, freedom of election campaigning, freedom of advertising, and the use of political handbills. The author manifests a firm command of legal analysis and Japanese materials in presenting detailed studies of relevant Japanese court decisions, their sociopolitical environments, and constitutional development. The author´s knowledge of modern Japanese social conditions and characteristic modes of thought and behavior places the legal discussion in a broader framework and makes the work a truly interdisciplinary study. The author concludes that, in general, freedom of expression is vigorously exercised and legally encouraged and protected in Japan, and he clarifies precisely the obstacles to freedom of expression in various Japanese contexts. ◆Lawrence Ward Beer is from Portland, Oregon, U.S.A. He earned A.B. and M.A. degrees studying Classics, English Literature, and Philosophy at Gonzaga University, Spokane, Washington. From 1957 to 1961 he lived in Japan, where he studied Japanese language and culture, taught at Sophia University, Tokyo, and founded Japan´s credit union movement. He then became a training director for the California Credit Union League and developed the textbook Credit Union Family Financial Counseling (1962). In 1966, he completed doctoral studies in Political Sciences, East Asian Studies, and Japanese Law at the University of Washington, Seattle. From 1966 until 1982 Beer was on the faculty of the University of Colorado, Boulder, where he served as Chairman of the East Asian Studies Program. During extended residences in Japan, he has been Visiting Research Scholar in the Faculty of Law, University of Tokyo. He is a member of the Public Law Association of Japan (Koohoo Gakkai) and the World Association of Law Professors. Beer is a past member of the American Advisory Committee of the Japan Foundation, and currently chairs the Committee on Asian Law, Association for Asian Studies. In 1982 he became Fred Morgan Kirby Professor of Civil Rights and Head of the Department of Government and Law, Lafayette College, Easton, Pennsylvania. Besides Japanese law, he studies comparative law of civil rights and liberties, and the role of United States constitutionalism in world law and politics. ▼CONTENTS／ CHAPTER 1.INTRODUCTION : COMPARATIVE UNDERSTANDING OF FREEDOM AND LAW／I.Some Problems of Perspective in Comparative Legal Studies／II.A Transcultural Approach to Comparative Constitutional Law／III.Intercultural Discourse on Human Rights／IV.The Truth and the ´Attitudinal Truth´ about Human Rights／V.Personalism and Freedom of Expression／VI.Conclusion／ ●PART I.THE ECOLOGY OF FREEDOM OF EXPRESSION IN JAPAN／ CHAPTER 2.THE LAW ON LIBERTY IN MODERN HISTORY／I.Introduction／II.Expression Controls : Formation of the System, 1868-1912 (A.Laying the Foundation : Early Meiji Japan, 1868-89, B.Freedom and the Meiji Constitutional System, 1889-1912)／III.Refinement of Constitutional Repression, 1912-45 (A.The Taishoo Period, 1912-25, B.The Early Shoowa Period, 1925-45, C.Conclusion : 1868-1945)／IV.The Constitutional Revolution of Freedom, 1945-83 (A.The Occupation Period, 1945-52, B.Independent Japan, 1952-83)／ CHAPTER 3.SOCIAL PATTERNS AND FREEDOM OF EXPRESSION／I.Assumptions and Caveats／II.Social Structure, Values, and Freedom, Past and Present／III.Some Tensions among Values Affecting Freedom of Expression (A.Consensus, Authority, and Free Speech, B.´Individualistic Groupism´ and Individual Expression, C.´Inclusionary Groupism´)／IV.A Scale of Reticence and Freedom／V.The Expansion of the Duty of Tolerance／ CHAPTER 4.OFFICIAL REGULATIONS AND PROMOTION OF FREEDOM : GENERAL SYSTEMS AND NORMS／I.Official Systems Regulation and Promoting Freedom (A.The Legal System, B.Legal Education, C.The Courts, D.Lay Participation, E.Police and Prosecutors, F.Lawyers and Legal Aid, G.Legal Scholars and Freedom)／II.Official norms Regulating and Protecting Freedom／III.Conclusion／ ●PART II.SOME LEGAL QUESTIONS ON FREEDOM OF EXPRESSION／ CHAPTER 5.THE FREEDOMS OF ASSEMBLY AND ASSOCIATION／I.Introduction／II.Freedom of Assembly (A.Laws and Regulatory Agencies, B.The Courts and Freedom of Assembly)／III.Freedom of Association／IV.The Subversive Activities Prevention Law (Hakaikatsudoo booshihoo)／V.Conclusion／ CHAPTER 6.THE FREEDOM OF EXPRESSION OF WORKERS／I.The History and Structure of the Labor Union Movement／II.The ´Spring Struggle´ and Other Modes of Union Expression／III.Laws and Agencies Affecting Worker Rights (A.Labor Laws, B.Special Government Agencies and Worker Freedom)／IV.Some Judicial Holdings Affecting Public Employee Freedom (A.The Tokyo Central Post Office Case (1966), B.The Sendai Court Workers Union Incitement Case (1969), C.The Tokyo Teachers Union Case (1969), D.The Zen-noorin Incitement Case (1973), E.The Sarufutsu Decision (1974), F.Worker Suits against Disciplinary Actions (1979 and 1980))／V.Conclusion : The Teachers Union President Case (1980)／ CHAPTER 7.EDUCATION, TOLERANCE, AND FREEDOM OF EXPRESSION／I.´Freedoms of the Spirit (Seishinteki jiyuu)´ and Freedom of Expression (A.Japanism and Religious Expression, B.Intellectual Freedoms and Politics)／II.The Regulation of School Textbooks (A.The Ecology of the Textbook Issue, B.Textbooks and Their Regulation before 1945, C.The Occupation and the New Textbooks, D.Other Education Controversies, E.Textbook Certification since 1945, F.The Publication and Local Selection of Textbooks)／III.The Ienaga History Textbook Trials (A.The 1970 Textbook Decision (The Sugimoto Decision), B.The 1974 Textbook Decision (The Takatsu Decision), C.Appellate Decisions of 1975 and 1982)／IV.Conclusion : The Internationalization of the Textbook Dispute／ CHAPTER 8.THE MASS MEDIA AND FREEDOM OF EXPRESSION／I.Introduction : The Media System (A.Book and Magazine Publishing, B.Newspapers and Broadcasting)／II.Freedom of Information and the Right to Know (A.The ´Media Privilege´, B.The ´Newsman´s Privilege´, C.The Use of Media Photographs as Evidence, D.The Use of Cinematic Film as Evidence before the Hakata Case, E.The Hakata Station Film Case, F.The Aftermath of the Hakata Film Decision, G.Issues and Implications)／III.State Secrets and Investigative Journalism／IV.Conclusion : The Freedom of Information Movement／ CHAPTER 9.DEFAMATION, PRIVACY, AND PRESS FREEDOM／I.Introduction／II.The Media and Rights of the Person／III.The General Law on Defamation／IV.Judicial Doctrine on Civil Defamation (A.The Ex-Convict Candidate Case (1966), B.Some Lower Court Decisions in the 1970s)／V.The Courts on Criminal Defamation (A.The Wakayama Jiji Case (1969), B.Injunction as a Remedy for Defamation)／VI.The Right of Privacy (A.The After the Banquet Decision (1964), B.The Katoo Case (1969), C.The Eros Plus Massacre Case (1970), D.The Kyoto Privacy Decision (1981))／ CHAPTER 10.THE OBSCENITY QUESTION／I.Introduction／II.The Law on Obscenity／III.Customs Bureau Censorship／IV.The Mass Media and Obscenity (A.Broadcasting, B.Pictures and Tapes, C.The Motion Picture Industry, D.The Print Media)／V.The Supreme Court on Obscenity (A.The Lady Chatterly´s Lover Decision (1957), B.The Marquis de Sade Decision (1969), C.The Yojoohan Decision (1980))／VI.Conclusion／ CHAPTER 11.SOME OTHER ISSUES OF FREEDOM／I.The Censorship of Prisoners／II.The Freedom of Expression of Foreigners／III.The Freedom to Use Handbills and Posters／IV.Freedom of Advertising／V.Copyright Law and Press Freedom／VI.Election Campaigns and Freedom of Expression (A.The Public Offices Election Law, B.The Courts and the Election Law)／VII.Private Encroachments on Freedom of Expression (A.Sookaiya and Shareholders´ Freedom, B.Psychological Pressure and Freedom, C.The Sooka Gakkai Free Speech Controversy)／ CHAPTER 12.CONCLUSION : CONSTITUTIONAL THEORY, FREEDOM, AND TOLERANCE／I.The Study and Interpretation of Constitutions／II.Freedom and Tolerance in Japan and Elsewhere／) |
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