Alf Ross on the Nature of Law

In his work, On Law and Justice, Alf Ross sought to explain law in scientific/empirical terms, in terms that would require no recourse to what he called “metaphysics” or “idealism.” The result is a sort of translation of legal rules and official actions into propositions of behavior, predictions of behavior, and shared ideology. The present work raises questions about the tensions within Ross's work(s), and discusses the places where Ross's analysis seems to fall short of its ambitions. In the course of the discussion, the article considers issues relating to legal mistake, explanations of judicial behavior, and different types of normativity.     

The Security Treaty System and the Japanese Military-Industrial Complex

Abstract

Recently much discussion has focused on the U.S.-Japan Security Treaty, first signed in September, 1951, renewed in a more equitable form in 1960, and up for renewal again in 1970. Much less attention has been paid the U.S.-Japan military-economic relationship shaped largely by adminstrative agreements that followed in the wake of the first Security Treaty. This article deals with that military-economic relationship and other aspects of recent U.S.-Japanese relations relevant to the discussion of contemporary American imperialism in Asia.     

Report on Japan 1972

Abstract

Nothing has more mystified discussions of Japanese military development than the innumerable simplistic conclusions drawn from percentage comparisons with Gross National Product (GNP) or with international levels of military spending. This is seriously misleading from two broad angles: (1) the actual size and growth of the military and the hidden expenses of the military budget; (2) the key role that Japan’s defense expenditures play in supporting American imperialism in Asia.     

Japan studies old and new at the end of the eighties

Abstract

During the first two decades of the Cold War era, many historians of Japan in American universities sought to rise above the hatreds of the war era and develop a brighter, more positive image of Japan's recent past. Concentrating on the rational nature of the state-building process (but downplaying the ways in which irrationality was also institutionalized), they described how the Meiji oligarchs constructed a modern state that led Japan at the end of the nineteenth century into the worlds of capitalist industry, great-power politics, and colonial empire. This explicitly anti-Marxist phase of American historiography is known as the modernization perspective.     

Family Law: Values Beyond Choice and Autonomy?

Law and Philosophy -