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The Legal Culture and Legal System in Post-Franco Spain
Authors:FRANK MORN  MAURA TORO
Affiliation:Illinois State University
Abstract:In analyzing the process of creating criminal law, Howard Becker pointed out elements such as moral entrepreneurs, availability to the mass media, and political maneuvering. In this article the author analyses how these elements are seen in the emergence of Anti-Prostitution Law in Japan. According to historical documents Christian groups worked as moral crusaders in the purification movement before World War II. But after the war secular groups, especially female groups, became the main entrepreneurs for the enactment of Anti-Prostitution Law.

In those countries where believers in a monotheistic religion like Christianity are the majority of the population, moral entrepreneurs may play an important role in creating criminal law. On the other hand, Japan does not have many such believers. Most Japanese, influenced by Shinto, are tolerant of different religions. Therefore, in the emergence of criminal law, moral crusaders who are interested in forcing their own morals on others are rarely seen. The author cannot emphasize the role of moral entrepreneurs as Howard Becker did. In Japan most drafts of law are made by bureaucrats in the national government in accord with opinions of the ruling Liberal Democratic Party. Then laws are submitted to the Diet by the Cabinet. As a result, research on the roles of bureaucrats, the ruling Liberal Democratic Party, and the Cabinet is important in the sociology of criminal law in Japan.

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