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A Quantitative Analysis of Legislation with Harsher Punishment in Japan

Published online by Cambridge University Press:  01 October 2021

Shunsuke Kyo
Shunsuke Kyo*
Affiliation:
Chukyo University School of Law, Nagoya
*
*Corresponding author. E-mail: s-kyo@mecl.chukyo-u.ac.jp
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Abstract

The purpose of this study is to show how the Japanese government has created laws with harsher punishment since the 1990s. While a tendency toward harsher punishment is common in advanced Western countries, a similar tendency in Japan has prompted scholarly discussion on whether it can be understood through the “penal-populism” framework. However, it lacks in systematic evidence. This study presents three findings that differ from previous studies through a quantitative analysis of legislation with harsher punishment. First, while previous literature argues that the legislation increased in the latter half of the 1990s, this study shows that it peaked in the middle of the 2000s. Second, while previous literature argues that the bureaucrats of the Ministry of Justice promote the legislation, this study shows that it is caused by every ministry’s drafting Bills. Third, this study shows that it does not quantitatively avoid partisan conflicts, contrary to the prediction of the “penal-populism” theory.

Keywords

(harsher) punishmentpenal populismlegislationcriminal policyJapan
Type
Research Article
Information
Asian Journal of Law and Society , Volume 9 , Issue 1 , February 2022 , pp. 81 - 107
Copyright
© The Author(s), 2021. Published by Cambridge University Press on behalf of Asian Journal of Law and Society

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References

Asada, Kazushige (2008) “Harsher Punishment Legislations of the Criminal Law,” in Committee of Publishing Collected Papers in Celebration of Prof. Ikuzo Maeno’s 70th Birthday, eds., A System of Criminal Justice Policy Studies, Kyoto: Hōritsubunkasha, 331–53.Google Scholar
Best, Joel (1999) Random Violence: How We Talk About New Crimes and New Victims, Berkeley: University of California Press.Google Scholar
Boda, Zsolt, Szabó, Gabriella, Bartha, Attila, et al. (2015) “Politically Driven: Mapping Political and Media Discourses of Penal Populism—the Hungarian Case.” 29 East European Politics and Societies and Cultures 871–91.CrossRefGoogle Scholar
Boushey, Graeme (2016) “Targeted for Diffusion? How the Use and Acceptance of Stereotypes Shape the Diffusion of Criminal Justice Policy Innovations in the American States.” 110 American Political Science Review 198–214.CrossRefGoogle Scholar
Cavadino, Michael, & James, Dignan (2006) Penal Systems: A Comparative Approach, London: SAGE Publications.Google Scholar
Doi, Takayoshi (2003) The Disappearance of Juvenile Delinquents: The Myth of Individuality and Juvenile Delinquency, Tokyo: Shinzansha.Google Scholar
Dollinger, Bernd, Lampe, Dirk, Rudolph, Matthias, et al. (2017) “Maneuvering with Crime: An Empirical Reconstruction of ‘Populist’ Stances on Youth Crime in German Parliamentary Debates.” 23 European Journal on Criminal Policy and Research 193–210.CrossRefGoogle Scholar
Enns, Peter K. (2014) “The Public’s Increasing Punitiveness and Its Influence on Mass Incarceration in the United States.” 58 American Journal of Political Science 857–72.CrossRefGoogle Scholar
Farrand, Benjamin (2014) Networks of Power in Digital Copyright Law and Policy: Political Salience , Expertise, and the Legislative Process, Abingdon, Oxon and New York: Routledge.Google Scholar
Feeley, Malcolm M. (trans. Fujii, Tsuyoshi) (2008) “Three Hypotheses about Crime Developments in Japan and the West.” 41 Ryukoku Law Review 585–603.Google Scholar
Fenwick, Mark (2013) “‘Penal Populism’ and Penological Change in Contemporary Japan.” 17 Theoretical Criminology 215–31.CrossRefGoogle Scholar
Fukumoto, Kentaro (2001) Politics in the Japanese Diet: A Statistical Analysis of Postwar Government Legislation, Tokyo: Tokyo Daigaku Shuppankai [The University of Tokyo Press].Google Scholar
Garland, David (2001) The Culture of Control: Crime and Social Order in Contemporary Society, Oxford: Oxford University Press.CrossRefGoogle Scholar
Green, David A. (2008) When Children Kill Children: Penal Populism and Political Culture, Oxford: Oxford University Press.CrossRefGoogle Scholar
Greer, Chris, & McLaughlin, Eugene (2018) “Breaking Bad News: Penal Populism, Tabloid Adversarialism and Brexit.” 89 The Political Quarterly 206–16.CrossRefGoogle Scholar
Hamai, Koichi (2004) “How ‘the Myth of Collapsing Safe Society’ Has Been Created in Japan: Beyond the Moral Panic and Victim Industry.” 29 Japanese Journal of Sociological Criminology 10–26.Google Scholar
Hamai, Koichi (2011) Empirical Criminal Justice Policy Theory: Toward the Effective Action for Crimes, Tokyo: Iwanami Shoten.Google Scholar
Hamai, Koichi, & Ellis, Tom (trans. Hamai, Koichi) (2009) “Growing Penal Populism in Japan: The Role of Mass Media, Ministry of Justice, and Public Prosecutors and Activities Supporting Crime Victims,” in Japanese Association of Sociological Criminology, eds., Globalized Penal Populism and Its Countermeasures, Tokyo: Gendaijinbunsha, 90–127.Google Scholar
Herman, Bill D. (2013) The Fight over Digital Rights: The Politics of Copyright and Technology, New York: Cambridge University Press.CrossRefGoogle Scholar
Inoguchi, Takashi, & Iwai, Tomoaki (1987) A Study of “Zoku-Giin”: Main Actors Controlling the LDP Government, Tokyo: Nihonkeizaishimbunsha.Google Scholar
Japanese Association of Sociological Criminology, eds. (2009) Globalized Penal Populism and Its Countermeasures, Tokyo: Gendaijinbunsha.Google Scholar
Johnson, David T. (2002) The Japanese Way of Justice, New York: Oxford University Press.Google Scholar
Johnson, David T. (2007) “Crime and Punishment in Contemporary Japan,” in Tonry, Michael, ed., Crime, Punishment, and Politics in Comparative Perspective, Chicago: The University of Chicago Press, 371–423.Google Scholar
Johnson, David T. (trans. Kuwayama, Aya) (2009) “Japanese Punishment in Comparative Perspective,” in Japanese Association of Sociological Criminology, eds., Globalized Penal Populism and Its Countermeasures, Tokyo: Gendaijinbunsha, 60–89.Google Scholar
Johnson, David T., & Fernquest, Jon (2018) “Governing through Killing: The War on Drugs in the Philippines.” 5 Asian Journal of Law and Society 359–90.CrossRefGoogle Scholar
Kamei, Gentaro (2010) Criminal Legislation and Criminal Jurisprudence, Tokyo: Kōbundō.Google Scholar
Kato, Sachio (2010) “The Criminal Protection of Business or Trade Secrets and the Reform of the Law against Unfair Competition.” 44 Chukyo Law Review 263–89.Google Scholar
King, Gary, Keohane, Robert O., & Verba, Sidney (1994) Designing Social Inquiry: Scientific Inference in Qualitative Research, Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Kubo, Hiroshi (2006) Does Public Security Actually Deteriorate? Tokyo: Kōjinsha.Google Scholar
Kyo, Shunsuke (2016) “Issue Salience and Criminal Policy Process in Japan: ‘Penal Populism’ and ‘Penal Harshness without Public Opinion’.” 16 Journal of Public Policy Studies 19–32.Google Scholar
Lappi-Seppälä, Tapio (2008) “Explaining National Difference in the Use of Imprisonment.” 33 Japanese Journal of Sociological Criminology 93–121.Google Scholar
Leheny, David, & Liu, Sida (2010) “The Politics of Crime, Punishment, and Social Order in East Asia.” 6 Annual Review of Law and Social Science 239–58.CrossRefGoogle Scholar
Matsubara, Hideyo (2014) A Study on Criminal Justice System from the Marginal Areas, Tokyo: Seibundō.Google Scholar
Miyazawa, Setsuo (2008) “Will Penal Populism in Japan Decline? A Discussion.” 33 Japanese Journal of Sociological Criminology 122–36.Google Scholar
Miyazawa, Setsuo (2017) “Penal Populism Criminal Justice Policy in Japan: Its Feature, Current Condition, and Prospect,” in Koichi, Hamai, ed., How to Prevent Crime, Tokyo: Iwanami Shoten, 89–111.Google Scholar
Nakajima, Makoto (2007) Nomology [New Edition]: Introduction and the Legislative Process, Kyoto: Hōritsubunkasha.Google Scholar
Nicholson-Crotty, Sean, & Meier, Kenneth J. (2003) “Crime and Punishment: The Politics of Federal Criminal Justice Sanctions.” 56 Political Research Quarterly 119–26.CrossRefGoogle Scholar
Pratt, John (2007) Penal Populism, London: Routledge.CrossRefGoogle Scholar
Pratt, John (2008) “When Penal Populism Stops: Legitimacy, Scandal and the Power to Punish in New Zealand.” 41 The Australian and New Zealand Journal of Criminology 364–83.CrossRefGoogle Scholar
Schneider, Anne Larason (2006) “Patterns of Change in the use of Imprisonment in the American States: An Integration of Path Dependence, Punctuated Equilibrium and Policy Design Approaches.” 59 Political Research Quarterly 457–70.CrossRefGoogle Scholar
Silver, Jasmine R., & Silver, Eric (2017) “Why are Conservatives More Punitive than Liberals? A Moral Foundations Approach.” 41 Law and Human Behavior 258–72.CrossRefGoogle Scholar
Smith, Kevin B. (2004) “The Politics of Punishment: Evaluating Political Explanations of Incarceration Rates.” 66 The Journal of Politics 925–38.CrossRefGoogle Scholar
Sozzo, Máximo (2016) “Democratization, Politics and Punishment in Argentina.” 18 Punishment and Society 301–24.CrossRefGoogle Scholar
Tonry, Michael (2007) “Determinants of Penal Policies,” in Tonry, Michael, ed., Crime, Punishment, and Politics in Comparative Perspective, Chicago: The University of Chicago Press, 1–48.Google Scholar
Tonry, Michael (2008) “Why Are American Penal Policies so Harsh?” 33 Japanese Journal of Sociological Criminology 11–29.Google Scholar
Whitman, James Q. (2003) Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe, Oxford: Oxford University Press.Google Scholar
Zimring, Franklin E., & Johnson, David T. (2006) “Public Opinion and the Governance of Punishment in Democratic Political Systems.” 605 Democracy, Crime, and Justice: The Annals of the American Academy of Political and Social Science 266–80.Google Scholar