The ritual of rights in Japan : law, society, and health policy / Eric A. Feldman.

Format:

Book

Author/Creator:

Feldman, Eric A., author.

Series:

Cambridge studies in law and society.

Cambridge studies in law and society

Language:

English

Subjects (All):

AIDS (Disease)--Patients--Legal status, laws, etc--Japan.

AIDS (Disease).

Dead bodies (Law)--Japan.

Dead bodies (Law).

Transplantation of organs, tissues, etc--Law and legislation--Japan.

Transplantation of organs, tissues, etc.

Actions and defenses--Japan.

Actions and defenses.

Law--Social aspects--Japan.

Law.

Physical Description:

1 online resource (xiv, 219 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2000.

Language Note:

English

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.

Contents:

Reconsidering rights in Japanese law and society

Rights in Japanese history

The roots of "rights"

Rights before kenri: early antecedents

Rights, protest, and rebellion in Tokugawa Japan

The Movement for Freedom and Popular Rights

State power and the control of rights

Patients, rights, and protest in contemporary Japan

"New rights" movements and traditional social protest

Studying the "new rights"

Patients' rights as "new rights": conceptualization, litigation, legislation

Law, rights, and policy in contemporary Japan: two narratives

AIDS policy and the politics of rights

AIDS, public health, and individual rights

An epidemiological view

Hemophiliacs and gay men: rights, risks, and repression

Proposal, debate, and enactment of the AIDS prevention law

AIDS, activism, and accommodation

Asserting rights, legislating death

Rights, brain death, and organ transplantation

Death, culture, and body parts

Scientific, legal, medical, and political attempts to define death

Power politics and body politics: the Ad-Hoc Committee for the Study of Brain Death and Organ Transplantation

A tentative truce in the fight over death

Litigation and the courts: talking about rights

Rights and the legal process

AIDS: crisis, compensation, and the courts

Brain death and organ transplantation: accusation and discretion

A sociolegal perspective on rights in Japan

Rights, modernization, and the "uniqueness" of the Japanese legal system

Rights and the metaphor of legal transplants.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 198-213) and index.

ISBN:

1-107-11897-2

0-511-01188-1

1-280-42113-4

0-511-17287-7

0-511-15177-2

0-511-30320-3

0-511-49546-3

0-511-04931-5

OCLC:

475914925