Taking Kawashima Seriously: A Review of Japanese Research on Japanese Legal Consciousness and Disputing Behavior

Miyazawa, Setsuo

doi:10.2307/3053520

Cited by 25 publications

(10 citation statements)

References 14 publications

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“…At the micro level, both the particulars of an individual case and the life situation of its judge-the restrictions and freedoms experienced during work lives within particular organizations-affect the allocation of responsibility and punishment. For example, existing research in the United States and Japan confirms that individual responsibility judgments are influenced by both macro and micro processes, yielding different patterns of judgment across societies (Hamilton & Sanders, 1992a;Miyazawa, 1987;Tanase, 1990;Upham, 1987). This paper addresses both levels of analysis.…”

Section: Overview Of the Researchmentioning

confidence: 99%

Crimes of Obedience and Conformity in the Workplace: Surveys of Americans, Russians, and Japanese

Hamilton

Sanders

1995

Journal of Social Issues

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One outgrowth of Milgram's (1974) research is the study of public opinion about obedience norms. Extending Kelman and Hamilton's ( I 989) research on crimes of obedience in the military, this article explores crimes of obedience and crimes of conformity in the workplace. Random samples of the residents of Washington, DC, Moscow, Russia, and Tokyo, Japan were presented four vignettes about organizational wrongdoing. Manipulations included the influence situation (autonomy, conformity, or obedience) and the actor's position in the hierarchy (subordinate vs. midlevel authority). As expected, the actor's responsibility was greatest when he acted autonomously or was an authority. In addition, authorities were excused less than subordinates for having conformed or obeyed. Impacts of both influence situation and hierarchy were larger in Japan and Russia than in the United States. 67 0022-4537/Y5/(w00-07$03.00/1 0 IYYS The Society lor the Rychological Study 01 Social Issues Vaughan, D. ( 1983). Controlling unlawful organizational behavior: Social structure and corporate Cambridge University Press. Row. and Society Review. 24, 65 1-691. 96, 506-520. Press. misconduct. Chicago: University of Chicago Press. V. LEE HAMILTON is a professor of sociology at the University of Maryland, College Park. She received her Ph.D. in social psychology in 1975 from Harvard University where she worked with Herbert Kelman. Their 1989 book, Crimes of Obedience, focused on how citizens judge the responsibility of others who carry out acts of destructive obedience (such as the My Lai massacre in Vietnam).Hamilton also has co-authored a second book, Everyday Justice, which deals with responsibility judgments. Her current research interests include authority and obedience, responsibility attribution, and the relationship between selfblame and mental health. She is presently drafting a book on the mental health impact of recent auto plant closings on workers.JOSEPH SANDERS received a Ph.D. in sociology and J.D. from Northwestern University. Presently, he is a professor of law at the University of

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Section: Overview Of the Researchmentioning

confidence: 99%

Crimes of Obedience and Conformity in the Workplace: Surveys of Americans, Russians, and Japanese

Hamilton

Sanders

1995

Journal of Social Issues

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“…9 There was a similar, if often oversimplified, long-running debate over the supposed role of culture in explaining low rates of litigation in Japan. Was this better explained by alleged cultural resistance to exacerbating conflict (Miyazawa 1987), or instead by deliberate government-created limitations on the opportunities to go to court (see, e.g., Haley 1978, Ramseyer & Nakazato 1999, Upham 1987, and Vanoverbeke et al 2014? But, whereas the Japanese debate contrasts the role of institutions with (folk) culture, Blankenburg prefers to argue that institutional structures and (what he described as) infrastructures should themselves be called legal culture.…”

Section: Legal Culture As Approachmentioning

confidence: 97%

Comparative Legal Research and Legal Culture: Facts, Approaches, and Values

Nelken

2016

Annu. Rev. Law. Soc. Sci.

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This article seeks to provide an overview of how the controversial concept of legal culture has been used so as to clarify its potential role in further developing comparative studies of law in society. It shows that the term is currently given a variety of meanings, ranging from treating it as a variable that explains the turn to law, to exploring law as culture in different settings. As a way of moving forward, attention should be given to what is assumed or asserted by given authors with respect to three key issues: the kind of facts that are thought to make up legal culture, the chosen approach within which the concept is deployed, and the normative aspects of the enquiry. It ends by revisiting Chanock's The Making of South African Legal Culture so as to show how this framework can help reveal the theoretical underpinnings and contribution of a leading case study. 21.1

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“…25See e.g. Gallagher (2006); Engel & Engel (2010); Li (2010); Boittin (2013); Miyazawa (1987); Tanase (1990). …”

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confidence: 99%

Rights Mobilization and the Campaign to Decriminalize Homosexuality in Singapore

Chua

2014

AsianJLS

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This paper analyzes how activists used a parliamentary petition to overcome legal and political barriers and mobilize openly for gay rights for the first time in Singapore. Unlike societies where rights mobilization has political legitimacy, exercising and claiming rights in the de facto one-party state are non-conformist behaviours and face greater limitations. Gay rights activists in Singapore not only struggle with the state and their opponents over the right to equality; compared to their counterparts in liberal democracies, they also have to overcome stronger restrictions on political access and civil-political liberties that enable or protect rights mobilization. This paper therefore describes and analyzes a politics of rights under authoritarian conditions and the complicated consequences of legal resistance and rights mobilization. Although the petition campaign transformed collective grievances, expanded activists' support base, and opened up new tactical possibilities, it also provoked intense, third-party opposition and foreclosed other avenues of mobilization.

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Taking Kawashima Seriously: A Review of Japanese Research on Japanese Legal Consciousness and Disputing Behavior

Cited by 25 publications

References 14 publications

Crimes of Obedience and Conformity in the Workplace: Surveys of Americans, Russians, and Japanese

Crimes of Obedience and Conformity in the Workplace: Surveys of Americans, Russians, and Japanese

Comparative Legal Research and Legal Culture: Facts, Approaches, and Values

Rights Mobilization and the Campaign to Decriminalize Homosexuality in Singapore

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