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By Eric A. Feldman

ISBN-10: 0511011881

ISBN-13: 9780511011887

ISBN-10: 0521770408

ISBN-13: 9780521770408

ISBN-10: 0521779642

ISBN-13: 9780521779647

The Ritual of Rights in Japan rejects the conventional view that Japan is a kingdom the place overt clash and the statement of rights are unacceptable. It examines either mistorical occasions and modern coverage, relatively fresh battles over AIDS coverage and the definition of death--in concluding that rights-based clash is a vital a part of eastern criminal, political, and social perform. This e-book describes a kingdom the place rights became guns in battles over politics and coverage, asserted via these looking either person treatments and social swap.

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

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30 RI GH TS IN JA PA NE SE HI ST OR Y After all, only ten years before the beginning of the PRM, in 1864, did Mitsukuri Rinsho¯ introduce the word kenri (rights) to Japan. If it were indeed a radical legal transplant, the Japanese body politic was extraordinarily fertile. STATE POWER AND THE CONTROL OF RIGHTS In Gakumon no Susume (An Encouragement of Learning), Fukuzawa Yu¯kichi, perhaps the most influential interpreter and popularizer of rights in Meiji Japan, explained the idea of rights to his nineteenthcentury countrymen.

Tokugawa Japan was a rigidly feudalistic society, in which peasants were denied education, freedom of movement, and freedom to choose an occupation. They were treated contemptuously by the elite, perhaps more so than peasants in European feudalistic societies. One early nineteenth-century description reads: Those people whom we call peasants are no better than cattle or horses. The authorities pitilessly compel them to pay heavy taxes . . 28 Still, peasants were not completely intimidated by the authority of Tokugawa lords and rulers.

68 Socrates did not invent courageous behavior, and unlike the Japanese reformers he did not have to create a word. 69 Like Socratic courage, the translation of ‘‘rights’’ into Japanese provided a new way of understanding, linking and describing certain behaviors and relationships that were previously separate. Fukuzawa, through his examples and analogies, attempted to explicate the new links. Whether labeled ‘‘rights’’ or given another name, there was a concept similar enough to rights in Japan that people could cultivate their fields, rent their land, and engage in a broad range of social interactions with reasonable assurance that if conflict arose they could make claims and adequately protect their interests.

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The Ritual of Rights in Japan: Law, Society, and Health Policy by Eric A. Feldman

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