from Part IV - Legal implementation
Published online by Cambridge University Press: 05 March 2015
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.
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