Toward a genealogy of the police idea in imperial Japan: a synthesis

Author(s):  
Max Ward

Abstract This paper explores how Japanese officials and others conceptualized police power at particular junctures in imperial Japanese history (1868–1945). It does so by synthesizing prior scholarship on the Japanese police into a broader genealogy of the police idea in prewar Japan, beginning with the first translations and explanations of police in the Meiji period, the changing perceptions of the police in the 1910s, and the evolution from the “national police” idea in the 1920s to the “emperor's police” in the late 1930s. The essay proposes that the police idea in Japan (and elsewhere) can be read as a boundary concept in which the changing conceptions of police power demarcate the shifting relationship between state and society. Indeed, it is the elusiveness of this boundary that allows for police power – and by extension, state power – to function within society and transform in response to social conditions. Approached in this way, the essay argues that the different permutations of the police idea index the evolving modality of state power in prewar Japan, and thus allows us to reconsider some of the defining questions of imperial Japanese history.

Author(s):  
Randy E. Barnett

This chapter examines the propriety of state laws under what is known as the “police powers” of the states. Unlike the enumerated powers of Congress, the powers of states are unwritten. This makes determining their proper limits one of the most challenging and vexatious issues in constitutional theory. The chapter first considers the need to construe the propriety of state laws before discussing the police power of the states. It shows that these “police powers” are not inconsistent with the rights retained by the people. To the contrary, the protection of individual rights is at the core of a state's police power. A state may also justify its laws by showing that it is merely regulating liberty in a way that protects the rights of others. The chapter also cites the Supreme Court's decision in Lawrence v. Texas, which found the states' exercise of police power to be improper.


2020 ◽  
pp. 088832542095348
Author(s):  
Zachary Mazur

This article presents the financial overhaul and tax reform of the Polish Second Republic that occurred between 1924 and 1925 in order to show how the state expands, to what ends, and how society responds to this increase in state power. During this short period, we can observe the introduction of new policies and the strengthening of institutions. This reform program was based upon fundamental changes to the way that Poland taxed the economy, namely, relying much more on direct taxation that required interaction between citizens and their state. The state gathered information on business activity and demanded citizens surrender their income to the treasury. As the narrative below will display, taxing the society necessitated state building in the institutional sense, and the execution of these policies led to an expansion of state power in the minds of citizens as they were compelled to comply without a direct threat of coercion. But this was not without consequence. Citizens, especially Jewish merchants, reacted negatively to what was perceived as an unfair process of tax assessment and an outsized tax burden. Precisely at these moments of conflict between state and society, the state emerges and becomes legible. Building on earlier scholarship examining the ways in which states make their territory and citizens legible, this article also shows how the state becomes legible to its citizens.


1960 ◽  
Vol 19 (4) ◽  
pp. 433-444 ◽  
Author(s):  
Harry D. Harootunian

The Meiji Restoration of 1868, unquestionably the most important event in modern Japanese history, brought in its wake social and economic changes of a revolutionary nature. With the overthrow of the Tokugawa bakufu, the subsequent abolition of the han system, the equalization of classes, and the establishment of a conscript army, the need for a hereditary military class ceased to exist. Certainly, the presence of a samurai class, numbering approximately 1,800,000, or 400,000 families, stranded in a society in process of divesting itself of all feudal fetters, constituted an acute problem. The continued existence of this vast army of unemployed retainers could have easily hamstrung all efforts to modernize. And it is hardly surprising that the new Meiji leaders realized at the inception of the new regime that if the work of the Restoration was to be completed successfully, it was necessary to work out a satisfactory settlement for the samurai class.


2019 ◽  
Vol 87 (4) ◽  
pp. 42-53
Author(s):  
O. V. Veklіyk

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law. Among the most important features of applying the rest time is the correct definition and use of its legal regulation in respect to the employees of the National Police of Ukraine, which will allow the police officers to fully fulfill the tasks assigned to them by the state and society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The labor legislation of Ukraine does not define the concept of the rest time. It is opposed to the concept of “working time”. All the time beyond of working hours is considered to be the rest time. Having analyzed the current labor legislation of Ukraine, we state that labor law norms in regard to the types of rest are also applied to the police officers, taking into account the specificity of their activity, which is regulated by a special law. While analyzing scientific literature, regulatory base and international legal acts the author has established and revealed the types of rest time of the employees of the National Police of Ukraine. Based on the views of certain authors, the nature and content of the types of rest time of the employees of the National Police of Ukraine have been revealed. The author has determined the use of the types of rest time and its legal regulation concerning the employees of the National Police of Ukraine.


Author(s):  
ARLEN JOSE Silva de Souza ◽  
SERGIO WILLIAM DOMINGUES TEIXEIRA ◽  
ROSALINA ALVES NANTES ◽  
Maria Grima da Silva Soares

This work deals with the legal frameworks that manage the exercise of the police power granted to the Armed Forces, addressing the attributions and situations in which they can be employed. The legal provisions are found in the legal system in force, among the precursors the complementary laws of n. 97/1999, n. 117/2004 and n. 136/2010, which brought significant changes in the general rules for the organization, preparation and employment of the Armed Forces. The basis of this work is the study of the use of the Brazilian Army in law and order guarantee operations, as well as ensuring Brazilian territorial sovereignty. The activities called patrolling and policing operations in the border area of the Brazilian territory are exposed throughout the work. Such activities are subsidiary duties conferred by the Armed Forces. At first, a brief exposition will be made of the legal and doctrinal foundations that deal with the power of police, distinguishing it in what is the "administrative police power" and "the power of security police", although coming from state power, both have different purposes.


2022 ◽  
Vol 30 (1) ◽  
pp. 35-60
Author(s):  
Max Ward

Abstract This article explores the changing ways the Japanese police understood and policed radical politics between 1900 and 1945. Specifically, it traces the process in which the objective of policing transformed from an emphasis on political organizations, their activities, publications, and assemblies in the 1900s to the policing of individuals ostensibly harboring “dangerous ideas” that were deemed threatening to state and capital—what the police came to categorize as “thought crime” by the late 1920s. Once “thought” was identified as an object for policing, Japanese police agencies began to practice a kind of intellectual history—thinking like a state—to distinguish dangerous thought and to understand its origin and its spread during the socioeconomic turbulence of the interwar period. Drawing on Jacques Rancière’s theory of police, this article explores how police manuals and other publications categorized certain ideas, texts, enunciations, and slogans and distributed them based on the presumed degree of danger they posed to the imperial polity. It reveals how the expanded classifications and distributions of dangerous thought transformed policing in the 1920s, thereby extending imperial state power into various aspects of social life in interwar Japan.


2010 ◽  
Vol 7 (1) ◽  
pp. 23-43 ◽  
Author(s):  
Margaret Mehl

‘Invasion from the Orient’; ‘Young Violinists from Asia Gain Major Place on American Musical Scene’; ‘Suzuki's Pupils Learn Music First’: in the 1960s, headlines such as these drew attention to how successfully Asians had made Western art music their own; violinists from Japan were among the first. Observers have speculated on the reasons, but few know enough about Japanese history to realize that the phenomenon had its roots in developments during the Meiji period (1868–1912).


2020 ◽  
pp. 624-638
Author(s):  
A.V. Kofanov ◽  
N. V. Pavlovska ◽  
O. V. Romanenko ◽  
H. О. Strilets ◽  
N. А. Filipova

Intellectual property today is a powerful factor in progress, which largely determines the trends of the modern world. Therefore, the protection of intellectual property rights is one of the most important tasks of the state and society, which seeks to take a worthy place in the world community. The purpose of the article is to study the problem issues regarding the appointment of forensic examinations in the field of intellectual property and analysis of the ways of their solution. The urgency of the study is due to the rapid increase in the number of unlawful actions in the field of intellectual property. The study was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by the category of investigators who carry out pre-trial investigation of unlawful actions against the objects of intellectual property, as well as reports from the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine for 2012, 2016-2018 years. The changes in the legislation regulating legal relations in the field of intellectual property are analyzed, as well as the correlation of state and non-state special expert institutions performing expert research on intellectual property objects. The key issues that will contribute to improving the quality of both the research itself and the overall investigation process are outlined.


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