Sheathing the Sword of Justice in Japan: An Essay on Law without Sanctions

Reporting behavior of fraud victims and black's theory of law: An empirical assessment

“…If informal forms of social control are employed to control deviant behavior, law will be used less often. The inverse relationship between law and nonlegal forms of social control is evident in Japan: that country has relatively little law, but it possesses numerous nonlegal alternatives for settling disputes (Haley 1999). Although it is not known whether the lack of laws in Japan caused the formation of nonlegal means of arbitration or vice versa, the case of Japan illustrates the relationship between formal and informal social control: where there is a great deal of one there will be less of the other.…”

The (Japanese) administration of justice and the will to truth

“…Here, great attention is paid to the question of whether the defendant has confessed and is remorseful-a fact that is well documented (see, e.g., Foote, 1996;Haley, 1996;Johnson, 2002;Sasaki, 2000). By confessing guilt and showing remorse, a defendant demonstrates that s/he does have a sense of morality, and is aware of the seriousness/sinisterness of what s/he has done.…”

Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

“…In this second track, offenders' repentance 'remains the critical factor' for the decision-making process by justice professionals (Haley, 1982: 272). 2 According to Haley (1982), apology, confession and compensation play important roles here. Apology is encouraged from offenders.…”

“…In return, they ask victims to send a letter to justice professionals stating that the offenders' apology is genuine, and demanding lenient punishment for the offenders (Haley, 1995). Offenders are also encouraged to confess their crimes during investigation and interrogation in order to show their repentance (Haley, 1982). 2 The first track is the formal criminal justice procedure where law enforcement authorities, such as police and a prosecutor, play main roles as in the West; the second track is also a part of this formal process, but it becomes more informal in that offenders and victims can play more active roles and criminal cases can be resolved between them.…”