Community And The Law
A Critical Reassessment of American Liberalism and Japanese Modernity
Takao Tanase, Professor of Legal Sociology, Chuo University Law School, Japan. Translated and edited by Luke Nottage, Professor of Law, University of Sydney and Leon Wolff, Associate Professor of Law, Bond University, Australia
Hardback £73.00 on-line price £65.70
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.
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