"Sex, Sumo, Suicide, and Statutes"

[Mulboyne]

Law in Everyday Japan: Sex, Sumo, Suicide, and Statutes by Mark D. West

Lawsuits are rare events in most people's lives. High-stakes cases are even less commonplace. Why is it, then, that scholarship about the Japanese legal system has focused almost exclusively on epic court battles, large-scale social issues, and corporate governance? Mark D. West's Law in Everyday Japan fills a void in our understanding of the relationship between law and social life in Japan by shifting the focus to cases more representative of everyday Japanese life. Compiling case studies based on seven fascinating themes--karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide--Law in Everyday Japan offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan.

[url=http://cgi2.[url]www.law.umich.edu/_FacultyBioPage/facultybiopagenew.asp?ID=21][/url]Mark D. West[/url] the Nippon Life Professor of Law, is the director of both the Japanese Legal Studies Program and the Center for International and Comparative Law at the Law School...West spent a year in Tokyo conducting an investigation for Sumitomo Corporation, whose chief copper trader created the largest individual trading loss in history through unauthorized trading...He has studied and taught at the University of Tokyo and Kyoto University..His current research focuses on two issues: the role of law in everyday life in Japan, and comparative scandalology

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[Mulboyne]

Asahi: BOOK REVIEW: Law in Everyday Japan: Sex, Sumo, Suicide and Statutes By Mark D. West
...West traces the influence of law in shaping everyday behavior, sometimes in unchartered areas. For example, he informs us that individuals who intersect with the love-hotel industry have concluded that paid liaisons for oral sex are not in violation of the Prostitution Law, which prohibits payment for vaginal penetration. Proprietors of love hotels thus welcome business from solicitors who are being compensated to perform oral sex but make clear that prostitution is not permitted in their establishments.
... West writes that detailed laws govern the treatment of lost property in Japan, which has simple, uniform and convenient legal mechanisms regarding the return of lost items. These laws partially explain why many a distraught foreigner in Japan has been amazed, for example, to have a lost wallet with all its money returned, a happening that Japanese do not find particularly exceptional. As West explains, first the law requires that finders of lost property turn it over to the police-the koban (police box) system makes finding a policeman easy-or face prosecution. The police, in return, are required to make efforts to locate the owner. The law also requires that owners who are reunited with their property pay a fee (usually 20 percent of the value of the item) to the finder, who is entitled to the item itself if the owner does not claim it within six months. West cites survey data that indicates Japanese are quite familiar with the law regarding lost property, buttressing his assertion that law influences their behavior in this area. Combined with social mores, the legal framework regarding lost property results in an environment in which the principle articulated in the children's rhyme ``finders keepers, losers weepers'' is not the norm, a situation that distinguishes Tokyo and other large Japanese cities from their American counterparts. It also results in policemen spending considerable time writing reports about lost umbrellas, a fact that led one New York City assistant district attorney West interviewed to comment, ``The Japanese are [expletive deleted] insane.''

[Mulboyne]

Japan Times review by Jeff Kingston:

This is a superb book that explores the interaction of law, society and culture over a range of intriguing topics. In seven captivating case studies, Mark West shows how law influences people's behavior and perceptions in everyday situations. Rather than trumping law, social norms are powerfully shaped by it. We learn that Japanese respond to incentives and penalties in ways very similar to people in other societies. Readers who savor a unique and mystified Japan steeped in timeless customs are in for a jarring shock to their assumptions. West writes that "Japan cannot be boiled down to a few exotic Japanese keywords that explain everyone's behavior, and attempts to do so often result in beautiful models of circular reasoning."

By choosing themes off the beaten track of legal analysis, West demonstrates that even the quirkiest phenomena can be analyzed. He "examines the incentives created by law and legal institutions in everyday lives, the ways in which law intermingles with social norms, historically engrained ideas, cultural mores, and the phenomena that cannot easily be explained." And he does so in a delightfully engaging manner. As you may have suspected, "Japan is in many ways a loser's paradise." Everyone seems to have or know of an amazing story of lost and found. Why are people who lose something so "lucky" in Japan and resigned in New York? It is often assumed that Japanese are just more honest and that social mores play a more significant role here. Not so says West.

He asserts that Japan favors losers because the "law creates well-defined incentives to encourage finders to report their finds and disincentives to misappropriation. The law provides a simple system of carrots and sticks." Owners of lost objects are required to pay the finder a fee based on an object's value, and if no one claims the item after six months and two weeks, the finder can claim the object. West went out and dropped mobile phones and wallets in New York and Tokyo, and as expected had a higher return rate in Tokyo. Rather than ascribing this to honesty -- various studies show the United States and Japan are on a par -- he explains the difference in terms of the laws and lost-property institutions. It is simply a lot easier to find a police box in Japan to turn in a lost item. And the incentives and penalties regarding return of lost items are clearer and far better known in Japan than in the U.S.

There are similar studies brimming with the insights of extensive fieldwork regarding sumo, debt suicide, working hours, post-earthquake rebuilding and karaoke noise pollution -- but the payoff chapter focuses on love hotels. It is not for prurient reasons alone that he offers up a "peek at law's role in a place where people in everyday Japan have lots and lots of sex." Love hotel regulation demonstrates just how powerful law can be in altering public attitudes and practices, even in an activity most regard as a private matter. He points out that the 1985 Entertainment Law de-stigmatized love hotels. Previously seen as seedy and shameful, the new law encouraged operators to upgrade their premises to make them more appealing to a wider clientele. The official imprimatur also reassured those who might have concerns about illicit scams.

By making love hotels more acceptable, the authorities have brought amateur sex indoors. Apparently, before World War II, parks were full of practicing amateurs while professionals remained indoors. Getting most of these couples inside has translated into an era of prosperity and growth in the industry. The number of statutory love hotels has declined from 11,000 in the mid-1980s to about 7,000. The silver lining has been the surge in extra-legal love hotels -- some 30,000 -- that can avoid official designation as a love hotel if they met certain criteria. Local authorities have control over statutory love hotels so there is every incentive to design establishments that serve the same needs without risking official scrutiny.

Ever wonder why many have small lounges and cafes on the first floor? Why the glitzier new establishments lack rotating beds and mirrored ceilings? Legal incentives have shaped design and operations, and in doing so "created a healthier overall market for love hotels." Not everyone is enamored of the new trend. One love hotel "planner" who only works with "real" love hotels boasts high levels of customer satisfaction. He said, "My thinking might be juvenile, but I like to put things in the room that move. For instance, things like a tree swing with a built-in vibrator." Thus, as promised, West provides, "insight into Japanese law as it functions in society and into Japanese society through a study of its laws."

[Greji]

Japan Times review by Jeff Kingston:

A tree swing with a vibrator you say?
Hmmm

[sillygirl]

A tree swing with a vibrator you say?
Hmmm

Hmmm...

[Greji]

Hmmm...

Hey, quit stealing my lines! You're supposed to be in counseling!

[American Oyaji]

She's completed her counseling.

I recommended some herbal entertainment and prescription for a couple of good shags for 3 days with an expert shagmeister.

[Greji]

She's completed her counseling.

I recommended some herbal entertainment and prescription for a couple of good shags for 3 days with an expert shagmeister.

I think she is already puffing on the herbs. Strickly for medicinal purposes of course! As for the expert shagmeister AO, I'm sorry to inform you that you are unable to qualify because your Perv teaching license only allows you to practice in Ohio!

[cstaylor]

Plus it was revoked since he stopped practicing four years ago.

[American Oyaji]

Plus it was revoked since he stopped practicing four years ago.

Et tu CSTaylor!!

*SPROIOIONG*

ARRRGH!

CS, is this your knife?

[Mulboyne]

MDN: Government tries to stem the deluge of lost items
The government will seek to cut the length of time police are required to keep lost articles in their custody from six months to three, in the face of a rapid increase of such items. The government approved a bill to revise the Lost Goods Law at the end of a Cabinet meeting on Tuesday morning. The bill will be submitted to the Diet during the ongoing session. If approved by the Diet, this will be the first time since 1958 that the law has been amended. The 1899 law, which is written in classical Japanese, will be changed to modern Japanese. Police departments across the country handled a record number of about 10.7 million lost articles in 2004, about 2.5 times the number 40 years ago. In addition to handkerchiefs and umbrellas, the number of lost mobile phones, credit cards and animals has been rapidly increasing, costing police and railway operators a fortune to keep in custody. Under the revised law, animals will no longer be treated as lost goods and instead be placed in the custody of local governments under the Animal Protection Law.

[Mulboyne]

Mark D. West had another book out last year. "Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States". The reviews on Amazon look good although the price tag is a bit daunting. Second hand prices look better.

[Behan]

I don't think I could get past the cover.

[Mock Cockpit]

[Behan]

[Greji]

If it's returned to the owner, I think they are supposed to give you 10%. If the owner isn't found after a certain time period, I think you get the whole thing. But since there are credit cards, and maybe ID, too, I guess you and the police know the name of the person.

That's how I think it goes, anyway.

If there was credit cards and cash, that sounds like three or four hooks from Roppongi or Kabukicho getting nude and getting into a pile in a suite at the Okura. Then you turn it in the next afternoon, as found in a trash can and he can keep the 10%!

[sublight]

If it's returned to the owner, I think they are supposed to give you 10%. If the owner isn't found after a certain time period, I think you get the whole thing. But since there are credit cards, and maybe ID, too, I guess you and the police know the name of the person.

That's how I think it goes, anyway.

In theory, but when I turned in someone's credit card a while back, the cop at the koban asked, "if nobody claims it, do you want it?"

[Behan]

In theory, but when I turned in someone's credit card a while back, the cop at the koban asked, "if nobody claims it, do you want it?"

And people like get to carry guns.

[sublight]

And people like get to carry guns.

It's ok, we don't tell them which end the bullets come out, so half the time the problem solves itself.

[Mock Cockpit]

Update- Owner has contacted me and will come into work on Tuesday to give me my reward which according to the official letter I got from the wallopers should be between 5% and 20%. Total cash was 42000 yen so I was a bit off.

[Behan]

Update- Owner has contacted me and will come into work on Tuesday to give me my reward which according to the official letter I got from the wallopers should be between 5% and 20%. Total cash was 42000 yen so I was a bit off.

Drinks are on Mock Cockpit tonight!