التفاصيل البيبلوغرافية
| العنوان: |
"On the efficacy of lies" (嘘の効用) by Suehiro Izutarō (末弘厳太郎). |
| المصدر: |
Kervan: International Journal of Afro-Asiatic Studies; 2024, Vol. 28 Issue 1, p527-558, 32p |
| مصطلحات موضوعية: |
AUTOMOBILE laws, LAW reform, LEGAL history, SWEETNESS (Taste), AMERICAN law, SOCIAL theory, DIVORCE law |
| مستخلص: |
This article explores the work of Suehiro Izutarō, a prominent figure in Japan's intellectual and legal history. Suehiro's focus was on the gap between the law as written and its actual implementation. His influential work, "On the efficacy of lies," delves into the use of lies in society and the disconnect between legal frameworks and social realities. While drawing on Western legal thinkers, Suehiro also raises questions about the applicability of these ideas to Japan. Critics have pointed out the need for clearer distinctions in Suehiro's arguments and definitions. The text also discusses the role of lies in law and academia, providing historical examples and highlighting the importance of researching legal fictions and the influence of Western ideas on Japanese legal philosophy. It argues that lies can be effective in certain situations and challenges the principle of "no damages, no compensation" in Japanese legal scholarship. The text further explores the role of lies in the legal system, emphasizing their potential to bridge the gap between rigid laws and changing social circumstances. It acknowledges the conservative nature of human beings and their resistance to exceptions in rules and regulations. The text suggests that lies can be used as a tool for legal reform, but a balance must be struck between inflexible laws and the need for practicality. It also discusses the relationship between lying, the law, and human nature, highlighting the contradictory nature of individuals and the potential for lying to avoid strict legal application. The text explores the concept of a flexible and adaptable legal system that balances freedom and fairness [Extracted from the article] |
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| قاعدة البيانات: |
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