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Transcending Law: The Unintended Life of Article 9 of the Japanese Constitution
Get Free Ebook Transcending Law: The Unintended Life of Article 9 of the Japanese Constitution
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From the Back Cover
Article 9 of the Japanese Constitution has engendered scholarship in Japanese and English as well as in other languages. It turns out that there are two versions of Article 9: the English version that purports to prevent Japan from rearming and insists on Japanese pacifism, and the Japanese version that is less absolute and imprecise. Japan has the fourth largest military in the world by dollars spent. This is called the “great contradiction.” For the first time, Professor Port resolves this recurrent debate by explaining that there are simply two versions of Article 9. Many parties, entities, and even individuals have joined this debate to give their interpretation, and there are at least two diametrically opposed interpretations. On the one hand, the long-time ruling Liberal Democratic Party interprets Article 9 very narrowly to say that Japan can do anything it wants as long as it is for the defense of the Japanese people. On the other hand, the Communist Party of Japan and many private people argue that Article 9 mandates complete Japanese pacifism and Japan should not possess a military for any purpose whatsoever. In Transcending Law, Professor Port points out that the only entity that has remained on the sidelines during this 60 year debate has been the Supreme Court of Japan, although it is the one body that has the authority to interpret the Constitution. Thoroughly and objectively, Port explains all viewpoints of this complicated topic. As Japan moves toward revising its Constitution, Port argues it is now time for the Supreme Court to be heard.
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About the Author
Kenneth L. Port is a professor of law and the Director of Intellectual Property Law at William Mitchell College of Law.
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Product details
Paperback: 294 pages
Publisher: Carolina Academic Press (November 1, 2009)
Language: English
ISBN-10: 1594607494
ISBN-13: 978-1594607493
Product Dimensions:
6.2 x 0.8 x 9.2 inches
Shipping Weight: 1 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
1 customer review
Amazon Best Sellers Rank:
#472,532 in Books (See Top 100 in Books)
Professor Ken Port has taken a convoluted legal matter, connected it to other social dimensions, and has transformed all of it into a scholarly work with as much drive and direction and shape and beauty as a well-written novel. Few legal scholarly works, for example contain sentences as lively as this one, on page 81: "[B]eating up on a Toshiba radio because you are mad at Toshiba Machine Company is like pouring out all your water because you no longer like wine."Examining the length and breadth of the book, considering the great number of footnotes and the variety of documents cited - All this points to a first-rate legal tome. And that's not to mention a set of appendices that exceeds one hundred pages. This author has conducted an extraordinary amount of research on a difficult topic, digging into legal documents, scholarly texts from a variety of fields, news reports, diaries, journals, and transcripts of interviews. He writes that he is fluent in Japanese, and it shows in his writing and his references to other materials. His understanding of the microscopic nuances of Japanese and English lies close to the heart of this work.There aren't too many legal books that I want to read a second time, just for enjoyment and edification and envy for the abilities of a writer and scholar. I'll be reading this one more than twice.
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