Books etc

Sociologia Internationalis, Bd. 57 (2019), Heft 1-2

Purpose: The chapter analyzes the political and legal tensions that arose in Japan during the passage of new national security laws in 2015. Then Prime Minister Shinzô Abe’s cabinet changed the interpretation of Japan’s post-war constitution, particularly regarding Article 9, which had previously prohibited Japan from participating in military conflict (Kokka anzen hoshô kaigi, 2014). Abe’s reinterpretation provoked significant public protests and highlighted the longstanding divide between Japan’s political and legal systems. Methodology: Drawing on Niklas Luhmann’s social systems theory, I argue that the legal and political systems in Japan are not sufficiently autonomous from each other, unlike in fully modernized democratic states. The Japanese legal system is claimed to lack the closure and independence necessary to resist political interference, leading to a crisis in constitutional legitimacy. Findings: This chapter relies on the concept of “peripheral modernity,” introduced by Brazilian sociologist Marcelo Neves, to describe Japan’s legal culture, where the law is insufficiently independent, and the political system dominates legal interpretations. The chapter also explores Japan’s historical resistance to constitutional change and its unique legal tradition dating back to the Tokugawa era, which complicates the positivization of law. Originality/value: I conclude by questioning whether Japan has moved away from being a liberal constitutional state, especially given the rising authoritarian tendencies and the limited role of judicial review in the country.