Book contents
- Human Dignity in Asia
- Human Dignity in Asia
- Copyright page
- Dedication
- Contents
- Editor and Contributors
- Preface
- Abbreviations
- Introduction Human Dignity, Human Rights, and Cultural Change in Asia
- 1 Human Dignity in Indian Constitutional Adjudication
- 2 The Development of Individual Dignity in Japan
- 3 Constitutional Discourse on Human Dignity in South Korea
- 4 Human Dignity in the Jurisprudence of the Taiwan Constitutional Court
- 5 The Human Dignity Factor
- 6 Human Dignity in the Jurisprudence of the Indonesian Constitutional Court
- 7 Dignity as a Constitutional Value in Hong Kong
- 8 Human Dignity and Relational Constitutionalism in Singapore
- 9 Personal Dignity under Chinese
- 10 Virtue, Dignity, and Constitutional Democracy
- 11 Buddhist Philosophical Approaches to Human Dignity
- 12 Dignity and Status in Ancient and Medieval India
- 13 Human Dignity, Pancasila, and Islam
- 14 Catholicism and Human Dignity in the Philippines
- 15 Protestantism and Human Dignity in South Korea
- Index
2 - The Development of Individual Dignity in Japan
Overcoming Constraints in Law, Family, and Society
Published online by Cambridge University Press: 26 July 2022
- Human Dignity in Asia
- Human Dignity in Asia
- Copyright page
- Dedication
- Contents
- Editor and Contributors
- Preface
- Abbreviations
- Introduction Human Dignity, Human Rights, and Cultural Change in Asia
- 1 Human Dignity in Indian Constitutional Adjudication
- 2 The Development of Individual Dignity in Japan
- 3 Constitutional Discourse on Human Dignity in South Korea
- 4 Human Dignity in the Jurisprudence of the Taiwan Constitutional Court
- 5 The Human Dignity Factor
- 6 Human Dignity in the Jurisprudence of the Indonesian Constitutional Court
- 7 Dignity as a Constitutional Value in Hong Kong
- 8 Human Dignity and Relational Constitutionalism in Singapore
- 9 Personal Dignity under Chinese
- 10 Virtue, Dignity, and Constitutional Democracy
- 11 Buddhist Philosophical Approaches to Human Dignity
- 12 Dignity and Status in Ancient and Medieval India
- 13 Human Dignity, Pancasila, and Islam
- 14 Catholicism and Human Dignity in the Philippines
- 15 Protestantism and Human Dignity in South Korea
- Index
Summary
This chapter introduces the development of individual dignity in Japan. First, it notes that the idea of individual dignity in the Japanese Constitution is affected by the US Constitution through the enactment process. However, there are still some social constraints on individualism in the law. Next, I scrutinize two factors of individual dignity in light of the hybrid approach in academic discussion. The Japanese Constitution has been affected not only by the US Constitution but also the Prussian Constitution. As a result, it contains both the individualism of the US Constitution and the human personality of the German Basic Law. Finally, I shed light on individual dignity in Japan by reviewing constitutional case law. Although the Supreme Court indicated both factors of individual dignity, for most of the time after WWII the Court upheld the laws that constrained individualism. Recently, the Court tends to hold unconstitutional the old laws that constrain individual dignity by looking to social change. This reorientation of the Court regards society as supporting individualism. Society plays the role of a catalyst toward progress in individual dignity.
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- Human Dignity in AsiaDialogue between Law and Culture, pp. 40 - 61Publisher: Cambridge University PressPrint publication year: 2022