9780521770408

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

by
  • ISBN13:

    9780521770408

  • ISBN10:

    0521770408

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2000-04-13
  • Publisher: Cambridge University Press

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Summary

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.

Table of Contents

Preface ix
Acknowledgments xii
Reconsidering rights in Japanese law and society
1(15)
Rights in Japanese history
16(22)
The roots of ``rights''
16(4)
Rights before kenri: early antecedents
20(2)
Rights, protest, and rebellion in Tokugawa Japan
22(5)
The Movement for Freedom and Popular Rights
27(4)
State power and the control of rights
31(7)
Patients, rights, and protest in contemporary Japan
38(15)
``New rights'' movements and traditional social protest
38(1)
Studying the ``New rights''
39(4)
Patients, rights as ``new rights'': conceptualization, litigation, legislation
43(7)
Law, rights, and policy in contemporary Japan: two narratives
50(3)
AIDS policy and the politics of rights
53(29)
AIDS, public health, and individual rights
53(2)
An epidemiological view
55(1)
Hemophiliacs and gay men: rights, risks, and repression
56(2)
Proposal, debate, and enactment of the AIDS prevention law
58(14)
AIDS, activism, and accommodation
72(10)
Asserting rights, legislating death
82(28)
Rights, brain death, and organ transplantation
82(3)
Death, culture, and body parts
85(7)
Scientific, legal, medical, and political attempts to define death
92(6)
Power politics and body politics: the Ad-Hoc Committee for the Study of Brain and Organ Transplantation
98(10)
A tentative truce in the fight over death
108(2)
Litigation and the courts: talking about rights
110(31)
Rights and the legal process
110(2)
AIDS: crisis, compensation, and the courts
112(18)
Brain death and organ transplantation:accusation and discretion
130(11)
A sociolegal perspective on rights in Japan
141(25)
Rights, modernization, and the ``uniqueness'' of the Japanese legal system
141(4)
Rights and the metaphor of legal transplants
145(3)
Legal culture, legal institutions, and Japanese law
148(15)
Conclusion
163(3)
Notes 166(32)
Bibliography 198(16)
Index 214

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