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Japan's legal system
Comparative criminal justice Japan
Comparative criminal justice Japan
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Law and punishment
The law and punishment that is held in Japan is significantly more strict than what the European explorers were expecting. The japanese had set up many different laws that had vastly worse punishments than what was expected in continental Europe, most of them leading to death or other such punishments.
The severity of Japanese punishment was a surprising difference for most European explorers that had come to Japan. This can be seen by their reactions in the excerpts from “we came to Japan” The explorers and other envoys from Europe were not used to these severe laws, especially when it affected them just as much, on page 154, the quote from strict and severe says “Their laws are very strict and full of severitie, affoording no other kinde of punishment, but either death or banishment; murther, theft, treason, or the
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These were solid points that the Europeans could relate to in Japan. The royalty of Japan and their warrior class were held in high regard, much like the nobility and royalty in Europe, thus the punishment for offending one was similarly high. The Daimyos of Japan were held in high regards and even the Europeans who came were not exempt from their laws. The punishment were the same for the explorers as they were for the other people of Japan, this can be seen with how a European was punished for insulting one. “Capt. lafevre was beaten and drubed per the rascall labourers of Hirado, because he landed at Kinges steares.” (166) The sailors and even captains from Europe were not spared from punishment in Japan, as can be seen in the previous passage. This would be a similar occurrence in Europe if one were to insult a monarchy or other figure of
Japan, at first, let the newcomers in and learned about them, and let them learn a little from them. However, they didn't have very good experiences, like as portrayed in document twelve, the Japanese thought of the Europeans as arrogant and full of themselves, and the Europeans, like Will Adams in document fourteen, didn't like what the Japanese did, in holding them there when they wanted to leave, and the way they treated the women as completely there just to serve and help the men, as was mentioned in document eleven. The Japanese, as in document fifteen, said that innovations had to be reported, and listed them right next to factional conspiracies, as if they were both equally bad, showing that the Japanese didn't want to advance technologically, and wanted to stick with tradition. The Europeans as we already know, where rapidly advancing technologically, because of their fierce rivals with each other, making Japan dislike them even more. The Europeans, who were trying to spread Christianity as well as become rich, thought that the Japanese would convert quickly, as Francis Xavier wrote in document thirteen, “They see clearly that their ancestral law is false and the law of God true, but they are deterred by fear of their prince from submitting to the...
"(Doc. A) The beliefs Japanese grew up with were that the Emperor was sublime and his empire should be followed everywhere nerveless by everyone. They were trained to be dedicated; willing to do anything to please their superior. “An old order... (European and American)... is now crumbling.
“By 1870, 90% of Japan’s international trade was controlled by Westerners living in Japan.” (Woods, SW. (2004). Japan an Illustrated History (1st Edition). Hippocrene books pg. 111).
Feudal Japan and Europe had similarities and differences. They both had their own warriors that followed a certain code of rules. The also both had peasants that had no power. They had different topographies and religions. Japan’s religions were their traditional religion Shinto, Confucianism, and two forms Buddhism Pure Land Buddhism. The Europeans believed in Christianity. Lastly, Japan is an isolated island, but Europe isn’t isolated nor an island. Feudal Japan and Feudal Europe were both sort of the same, but had some differences.
Four warships of America’s East Asia Squadron anchored at Uraga, in the predawn hours of July 14, 1853. This is twenty-seven miles south of Japanese capital, also known as Edo (renamed Tokyo in 1868). A prominent scholar had recently warned of people who came from the earth’s “hindmost regions” were “incapable of doing good things,” to Japan. The recent Mexican Spanish-American War, Americans has sharpened his desire for taking advantage of his wealth and power for political and commercial benefit. For al...
All orders were given "in the name of the Emperor", and so the leaders could never be questioned. Japanese soldiers tried as war criminals were genuinely shocked to have this defense set aside. Simply the fact that they would also attempt to kill themselves for the Emperor too. Either and Explotation of the Bushido code or the Japanese just saught revenge on the white race, due to race relations maybe because the Japanese were looked upon as yellow people from Asia like the Chinese and not capable to fight a 'western country'.
In the early 1800’s, Japan had blocked off all trade from other countries. Foreign whaling ships could not even reload or repair their ships in Japan territory. This offended many other countries. In 1852, Matthew Perry was sent to Japan to negotiate open trade. Japan felt threatened by the United States, and gave in to their demands. Japan was frightened by their stipulations, and immediately began to reform. They developed a new education system that was similar to America and Europe’s. They also developed a Western style judiciary system.
Final Exam Kristina McLaughlin Saint Joseph’s University CRJ 565 Question 1: Word Count The judicial system is based on the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982).
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
I did not know that much about this culture until this paper. The Japanese people are very polite and respectful. The Japanese take education very serious and nature. Their langue is a lot different they have different styles of speaking even for different social status there is a certain way of thinking. In Japan there is a mixture of the Buddha religion and the Shinto. Both beliefs have the same influence on the Japan culture. Buddhism was brought o Japan in the early 6th century from China. There are five precepts that they go by which are no killing, no stealing, no lying, no sexual misconduct, and no use of intoxication.
CRUEL AND UNUSUAL PUNISHMENT IN THE UNITED STATES 2 Cruel and Unusual Punishment in the United States: Continuity and Change within the Last Two Centuries A significant aspect of the eighth amendment to the United States Constitution is that the infliction of cruel and unusual punishments is prohibited. However, interpretations of the definition of what a cruel and unusual punishment consists of have become extremely ambiguous. For example, many argue that the death penalty is unconstitutional because it is cruel to take another person’s life willingly; however, others argue that it is acceptable if it is done in a controlled and humane manner. Over the course of the United States history, punishments have ranged from public whippings and hangings, to the electric chair and life in prison. Physical punishments have decreased as society has progressed, yet they continue to be a major source of controversy.
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Imperialism has not only influenced colonial territories to better themselves or to further the mother country’s realm of power, it also had a significant impact on the people’s culture, education, environment, and political systems. Japan and Britain were two imperial systems that countered each other in many facets but also had strikingly similar qualities that had helped them become strong imperial powers that needed one another to continue their position amongst others. The Japanese empire was an inspirational country to other Asians that spearheaded the fight against the European imperialism. After the Meiji restoration, the emperors decided that the modernization of Japan was going to begin and in order for it to be a success, the government had to change along with their culture, “.restored authority faced new dangers in a new age.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.