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Author:   Takao Tanase ,  Luke Nottage ,  Leon Wolff
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781848447851

ISBN 10:   184844785
Pages:   224
Publication Date:   29 January 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

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

Reviews

'Takao Tanase's Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project - no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators.' - David Nelken, University of Cardiff, UK and University of Macerata, Italy 'Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer-client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume.' - Robert A. Kagan, University of California, Berkeley, US

`Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer-client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume.' -- Robert A. Kagan, University of California, Berkeley, US `Takao Tanase's Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project - no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators.' -- David Nelken, University of Cardiff, UK and University of Macerata, Italy

Author Information

Takao Tanase, Professor of Legal Sociology, Chuo University Law School, Japan. Translated and edited by Luke Nottage, Professor of Comparative and Transnational Business Law, University of Sydney Law School, and Special Counsel, Williams Trade Law, Australia and Leon Wolff, Graduate School of Law, Hitotsubashi University, Japan

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