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45 - Human dignity in Japanese law

from Part IV - Legal implementation

Published online by Cambridge University Press:  05 March 2015

Shigenori Matsui
Affiliation:
University of British Columbia
Marcus Düwell
Affiliation:
Universiteit Utrecht, The Netherlands
Jens Braarvig
Affiliation:
Universitetet i Oslo
Roger Brownsword
Affiliation:
King's College London
Dietmar Mieth
Affiliation:
Eberhard-Karls-Universität Tübingen, Germany
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Summary

Respect for human dignity is one of the cornerstones of the Japanese legal system. As interpreted by modern scholars, the constitutional commitment to human dignity reflects the importance of respect for human rights and, in particular, the growing recognition of the need to make space for personal autonomy. However, the articulation of human dignity in Japanese law is far from complete, clear or straightforward. In some areas, the law still lags behind the modern understanding of human dignity.

This chapter starts by sketching the constitutional significance of human dignity and the extent to which Japan has embraced international human rights commitments. Some particular applications of this conjunction of human dignity and human rights are then given, before putting these developments in the context of a society that, traditionally, has a group orientation. The chapter continues with some remarks about the relationship between human dignity and Japan's modern pacifist stance; and it concludes with an indication of how human dignity applies in private law.

Type
Chapter
Information
The Cambridge Handbook of Human Dignity
Interdisciplinary Perspectives
, pp. 422 - 428
Publisher: Cambridge University Press
Print publication year: 2014

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References

Ashibe, Nobuyoshi. 2011. Kenpo [Constitution]. 5th edn, Tokyo: Iwanami shotenGoogle Scholar
Miyazawa, Toshiyoshi. 1971. Kenpo II [Constitution II]. New edn, Tokyo: YuhikakuGoogle Scholar
Sato, Koji. 2002. Nihonkoukenpo to ‘ho no shihai’ [Japanese Constitution and the Rule of Law]. Tokyo: YuhikakuGoogle Scholar
Sato, Koji. 2011. Nihonkoku kenporon [Japanese Constitutional Law]. Tokyo: SeibundoGoogle Scholar

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