Monday, July 18, 2011

Increasing the number of lawyers in Japan, the LDP moving Japan towards judicial review

Today was a holiday here in Japan.  It was the holiday I believe for those souls that are no longer with us, so essentially Halloween, in its true pagan sense.  I took the day easy, did a bit of shopping and went for a bike ride.  I came across the Omiya College of Law.

It got me thinking about the drive in Japan to increase the number of lawyers.


http://search.japantimes.co.jp/cgi-bin/nn20080318i1.html


Judicial reform is having a quick and dramatic impact on the legal profession, not least on the number of lawyers. In March 2002, the government decided to increase the number of those who pass the bar exam to 3,000 a year by 2010. Only 1,000 were passed in 1999.
News photo
Lawyers prosecutors and judges conduct a mock trial at the Tokyo District Court last June in preparation for the introduction of the "saiban-in" quasi-jury system next year. YOSHIAKI MIURA PHOTO




As the Japan times article notes there has been an increase in the number of lawyers in Japan.  Along with the use of civilian juries there is obviously a movement towards the rule of law.  Why is that the case?  What is happening in Japan at this point in time that makes the rule of law, and increased use of the judiciary something attractive.

Following the legal scholar Ran Hirschl I believe that this change is in part motivated by political considerations, namely the challenges faced to the post war power the LDP.   While he is taking about Constitutional change the change in the legal system is similar.   In the last few years the structures that have essentially run Japan since the post war period have been challenged.

http://www.tulsalawreview.com/wp-content/uploads/2011/05/Hirschl.Final_.pdf

It was the reemergence of Quebec separatism that was in part the motivation behind the Charter of Rights and Freedoms, and the repatriation of the constitution.  Likewise in other societies, many constitutional changes have emerged as a result of social conflict.

If you ask the question, how have liberal social issues become effective in the last few decades in America you would have to look to the courts, judicial activism has been largely responsible for a good deal of progressive change.  By contrast, the political process was be relatively closed to progressive social change.  In Japan you have a very different social system.  There is a good deal of regulation and much less space for legal activism.  As he notes, in Japan judicial review has not been used so long as the LDP has been in power.

Likely part of the move towards an increase in the numbers of lawyers would be a lessening of regulation, and more leeway for parties to establish their rights through the legal process.

Tuesday, July 5, 2011

The relationship part 1

Relationships are complicated things. As Joe Rogan said on his Podcast, "some people are really fucking careful what relationships they get into".   And then there are people like me.  I won't say that I fall into relationships, but the fact is I absolutely do.  If I have a profile in my past, it's that I don't usually know the person I am going to date before a relatively short period of time before.  That short period of time can be really quite brief.

The benefit of getting to know someone before you start dating them is that you can establish if your compatible.  But, what makes people compatible.  Is it good conversation?  Is it similar activities and interests, or is it simply attraction? I would say for a lasting relationship it must be the first two, and that the last one simply grows on you.

But you meet all types during your experiences in this world, and you see all types when you watch films, or even read books.  That means that there is no template no one solution for all the different approaches to dating, or mating.

What do people look for in a partner? I think someone who has a passion for what they are doing is the most attractive quality.  If your doing something that don't really love than you can't be that happy.  Although people do things they don't like all the time.  It's best to be in the zone and be really into whatever your doing, and then the time will pass quickly.  You want the time to pass quickly when you are working, and slowly when you are with a loved one or on vacation.  In a sense you could say that the happiest person is the person who things pass smoothly and easily.   Isn't there something tragic about that.  Count no man happy who is still alive, for misfortune might soon befall him, I think that is from some Greek Tragedy.

Sunday, July 3, 2011


Today I came to work.  It was extremely humid outside.  In fact it has been humid for the last few weeks.  The summers in Japan are like that.  I believe a number of the days were clocked at 39 degrees Celsius.  I'm drinking lots of liquids and trying to be in a room with air conditioning whenever possible.
Last night I went to bed rather late.  Actually, it was around 2:30 or later.  I feel kinda of trippy today, like I just didn't get enough sleep, so I'm a bit tired for this day.  On Saturday to Sunday I slept 1 to 12, so about 11 hours.
I went to the gym in Harjuku the other day, it was a lot of fun.  I love that caveman type basement they have at the Harjuku Gold's.  You got some nice black and white posters of Arnold and other Mister Universes.  Lot's of cavemen around doing savage lifting and exercise.
It would be nice to be in better shape.  I think my peak must have been in November and December.  I was just eating lots of high quality protein, and sushi. I lifted more than I have ever lifted before.  I was even doing almost 10 chin ups.
I've been thinking a lot about the different opportunities I can take advantage of.  It's clear there are heaps of opportunities out there but you need to really uncover them.  In these tough economic times you need to keep a positive mind frame and keep in touch with positive people around you.
I tried to email some people on the weekend.  Some of them replied others did not.  I am thinking of one person in particular.  Relationships are complicated, or maybe I'm complicated.