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Comment: The Implications of Apology

Published online by Cambridge University Press:  02 July 2024

John O. Haley
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Abstract

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In this comment the author argues that Wagatsuma and Rosett correctly identify a critical cultural influence on the role of law and legal process in Japan. He suggests, however, a broader view of the implications of apology, notably for the United States in both civil and criminal suits.

Type
Article Commentary
Information
Law & Society Review , Volume 20 , Issue 4 , 1986 , pp. 499 - 507
Copyright
Copyright © 1986 The Law and Society Association

References

References

BODDE, D., and C., MORRIS (1973) Law in Imperial China. Philadelphia: University of Pennsylvania Press.Google Scholar
FISS, O.M. (1985) “Out of Eden,” 94 Yale Law Journal 1669.Google Scholar
GEORGE, B. J. (1984) “Discretionary Authority of Public Prosecutors in Japan,” 17 Law in Japan 42.Google Scholar
GRESSER, J., K., FUJIKURA, and A., MORISHIMA (1981) Environmental Law in Japan. Cambridge Mass.: MIT Press.Google Scholar
HALEY, J. O. (1982) “Sheathing the Sword of Justice in Japan: An Essay on Law without Sanctions,” 8 Journal of Japanese Studies 265.Google Scholar
HAMILTON, V. Lee, and Joseph, SANDERS (1985) “Accountability, Punishment and the Self in Japan and the U.S.” Presented at the Law & Society Association Annual Meeting, San Diego (June 1985).Google Scholar
IGARASHI, F. (1984) “Crime, Confession and Control in Contemporary Japan,” 2 Law in Context 1.Google Scholar
JOHNSON, W. (1979) The Tang Code, Vol. 1, General Principles. Princeton: Princeton University Press.Google Scholar
KAWADA, Katsuo (c. 1979) “Suspension of Prosecution in Japan.” Unpublished. Prepared for the United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders Criminal Justice Orientation Program.Google Scholar
LAW IN JAPAN (1978) “The Judge's Power to Propose Terms for Settlement: The S.M.O.N. Case,” 11 Law in Japan 76.Google Scholar
LAW IN JAPAN (1979) “Terms of Settlement: The SMON Litigation,” 12 Law in Japan 99.Google Scholar
McTHENIA, A. W., and T. L., SHAFFER (1985) “For Reconciliation,” 94 Yale Law Journal 1660.Google Scholar
SEATTLE VORP REPORT (1986) Vol. 2, no. 2, March-April.Google Scholar
SHIGA, S. (1974) “Criminal Procedure in the Ch'ing Dynasty,” Memoirs of the Research Department of the Toyo Bunko. Tokyo: Toyo Bunko.Google Scholar
SHIKITA, M. (1982) “Integrated Approach to Effective Administration of Criminal and Juvenile Justice,” in Criminal Justice in Asia: The Quest for an Integrated Approach. Tokyo: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders.Google Scholar
UMBREIT, M. (1985) Crime and Reconciliation. Nashville: Abington Press.Google Scholar
UPHAM, F. K. (1976) “Litigation and Moral Consciousness in Japan: An Interpretative Analysis of Four Japanese Pollution Suits,” 10 Law & Society Review 579.Google Scholar
WAGATSUMA, Hiroshi, and Arthur, ROSETT (1986) “The Implications of Apology: Law and Culture in Japan and the United States,” 20 Law & Society Review 461.Google Scholar
WU, P. Y. (1979) “Self-Examination and Confession of Sins in Traditional China,” 39 Harvard Journal of Asiatic Studies 5.Google Scholar
YALE LAW JOURNAL (1973) “Note: Administration of Pretrial Release and Detention: A Proposal for Unification,” 83 Yale Law Journal 153.Google Scholar

Statute Cited

KEIHŌ (Criminal Code), Law No. 45 of 1907.Google Scholar