Planned and designed by a leading Tokyo lawyer and several American practitioners and scholars, Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.

This new second edition reflects recent changes in the law and new directions in scholarly research.

Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen.

This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world’s worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan’s economy over the last twenty-five years.

Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.

Winner of the John Phillip Reed Book Award, American Society for Legal History

A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries.

Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes.

In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions.

Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan.

In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.

Although located far from the populated centers of traditional Japan, the three Kumano shrines occupied a central position in the Japanese religious landscape. For centuries Kumano was the most visited pilgrimage site in Japan and attracted devotees from across the boundaries of sect (Buddhist, Daoist, Shinto), class, and gender. It was also a major institutional center, commanding networks of affiliated shrines, extensive landholdings, and its own army, and a site of production, generating agricultural products and symbolic capital in the form of spiritual values. Kumano was thus both a real place and a utopia: a non-place of paradise or enlightenment. It was a location in which cultural ideals--about death, salvation, gender, and authority--were represented, contested, and even at times inverted.

This book encompasses both the real and the ideal, both the historical and the ideological, Kumano. It studies Kumano not only as a site of practice, a stage for the performance of asceticism and pilgrimage, but also as a place of the imagination, a topic of literary and artistic representation. Kumano was not unique in combining Buddhism with native traditions, for redefining death and its conquest, for expressing the relationship between religious and political authority, and for articulating the religious position of women. By studying Kumano's particular religious landscape, we can better understand the larger, common religious landscape of premodern Japan.

Lost and Found offers a new understanding of modern Japanese regionalism by revealing the tense and volatile historical relationship between region and nation in the late nineteenth and early twentieth centuries. Aizu, a star-crossed region in present-day Fukushima prefecture, becomes a case study for how one locale was estranged from nationhood for its treasonous blunder in the Meiji Restoration, yet eventually found a useful place within the imperial landscape. Local mythmakers—historians, memoirists, war veterans, and others—harmonized their rebel homeland with imperial Japan so as to affirm, ironically, the ultimate integrity of the Japanese polity. What was once “lost” and then “found” again was not simply Aizu’s sense of place and identity, but the larger value of regionalism in a rapidly modernizing society.

In this study, Hiraku Shimoda suggests that “region,” which is often regarded as a hard, natural place that impedes national unity, is in fact a supple and contingent spatial category that can be made to reinforce nationalist sensibilities just as much as internal diversity.

A grandson’s photo album. Old postcards. English porcelain. A granite headstone. These are just a few of the material objects that help reconstruct the histories of colonial people who lived during Japan’s empire. These objects, along with oral histories and visual imagery, reveal aspects of lives that reliance on the colonial archive alone cannot. They help answer the primary question of Lost Histories: Is it possible to write the history of Japan’s colonial subjects? Kirsten Ziomek contends that it is possible, and in the process she brings us closer to understanding the complexities of their lives.

Lost Histories provides a geographically and temporally holistic view of the Japanese empire from the early 1900s to the 1970s. The experiences of the four least-examined groups of Japanese colonial subjects—the Ainu, Taiwan’s indigenous people, Micronesians, and Okinawans—are the centerpiece of the book. By reconstructing individual life histories and following these people as they crossed colonial borders to the metropolis and beyond, Ziomek conveys the dynamic nature of an empire in motion and explains how individuals navigated the vagaries of imperial life.

The eleventh-century masterpiece The Tale of Genji casts a long shadow across the literary terrain of the Heian period (794-1185). It has dominated critical and popular reception of Heian literary production and become the definitive expression of the aesthetics, poetics, and politics of life in the Heian court.

But the brilliance of Genji has eclipsed the works of later Heian authors, who have since been displaced from the canon and relegated to critical obscurity.

Charo B. D'Etcheverry calls for a reevaluation of late Heian fiction by shedding new light upon this undervalued body of work. D'Etcheverry examines three representative texts—The Tale of Sagoromo, The Tale of the Hamamatsu Middle Counselor, and Nezame at Night—as legitimate heirs to the literary legacy of Genji and as valuable indexes to the literary tastes and readerly expectations that evolved over the Heian period.

Balancing careful analyses of plot, character, and motif with keen insights into the cultural and political milieu of the late Heian period, D'Etcheverry argues that we should read such works not as mere derivatives of a canonical text, but as dynamic fictional commentaries and variations upon the tropes and subplots that continue to resonate with readers of Genji.

Creating paintings with poetic resonances, sometimes with ties to specific lines of poetry, is a practice that began in China in the eleventh century, the Northern Sung period. James Cahill vividly surveys its first great flowering among artists working in the Southern Sung capital of Hangchou, probably the largest and certainly the richest city on earth in this era. He shows us the revival of poetic painting by late Ming artists working in the prosperous city of Suchou. And we learn how artists in Edo-period Japan, notably the eighteenth-century Nanga masters and the painter and haiku poet Yosa Buson, transformed the style into a uniquely Japanese vehicle of expression.

In all cases, Cahill shows, poetic painting flourished in crowded urban environments; it accompanied an outpouring of poetry celebrating the pastoral, escape from the city, immersion in nature. An ideal of the return to a life close to nature—the “lyric journey”—underlies many of the finest, most moving paintings of China and Japan, and offers a key for understanding them.