{"title":"作为社会进程的立法:日本家庭法和海牙儿童拐骗公约法案的起草","authors":"Takeshi Hamano","doi":"10.1017/als.2021.37","DOIUrl":null,"url":null,"abstract":"Abstract When Japan signed the Hague Convention on the Civil Aspects of International Child Abduction, the government enacted a new act to deal with international parental child abduction according to the Convention in the same year. The Ministries of Justice and Foreign Affairs were immediately in charge of making a draft Bill. Once the government and respective ministries had instantly set up the legal and administrative procedure for dealing with international family issue under the Convention, as some studies argue, simultaneous issues of the family in separation in Japan were underdeveloped. Employing a method of content analysis of the record of policy debates by authorities, observing both diplomatic and domestic frames referred in the debate in contrast, this paper highlights this law-making process delivered and elucidated continuous consecutive inquiries about radical questions of the current Japanese family law regarding the wellbeing of the changing families and their children in contemporary Japan.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"9 1","pages":"316 - 335"},"PeriodicalIF":0.6000,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Legislation as a Social Process: Japanese Family Law and the Drafting of the Bill on the Hague Child Abduction Convention\",\"authors\":\"Takeshi Hamano\",\"doi\":\"10.1017/als.2021.37\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract When Japan signed the Hague Convention on the Civil Aspects of International Child Abduction, the government enacted a new act to deal with international parental child abduction according to the Convention in the same year. The Ministries of Justice and Foreign Affairs were immediately in charge of making a draft Bill. Once the government and respective ministries had instantly set up the legal and administrative procedure for dealing with international family issue under the Convention, as some studies argue, simultaneous issues of the family in separation in Japan were underdeveloped. Employing a method of content analysis of the record of policy debates by authorities, observing both diplomatic and domestic frames referred in the debate in contrast, this paper highlights this law-making process delivered and elucidated continuous consecutive inquiries about radical questions of the current Japanese family law regarding the wellbeing of the changing families and their children in contemporary Japan.\",\"PeriodicalId\":54015,\"journal\":{\"name\":\"Asian Journal of Law and Society\",\"volume\":\"9 1\",\"pages\":\"316 - 335\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2022-02-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Law and Society\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/als.2021.37\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/als.2021.37","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Legislation as a Social Process: Japanese Family Law and the Drafting of the Bill on the Hague Child Abduction Convention
Abstract When Japan signed the Hague Convention on the Civil Aspects of International Child Abduction, the government enacted a new act to deal with international parental child abduction according to the Convention in the same year. The Ministries of Justice and Foreign Affairs were immediately in charge of making a draft Bill. Once the government and respective ministries had instantly set up the legal and administrative procedure for dealing with international family issue under the Convention, as some studies argue, simultaneous issues of the family in separation in Japan were underdeveloped. Employing a method of content analysis of the record of policy debates by authorities, observing both diplomatic and domestic frames referred in the debate in contrast, this paper highlights this law-making process delivered and elucidated continuous consecutive inquiries about radical questions of the current Japanese family law regarding the wellbeing of the changing families and their children in contemporary Japan.
期刊介绍:
The Asian Journal of Law and Society (AJLS) adds an increasingly important Asian perspective to global law and society scholarship. This independent, peer-reviewed publication encourages empirical and multi-disciplinary research and welcomes articles on law and its relationship with society in Asia, articles bringing an Asian perspective to socio-legal issues of global concern, and articles using Asia as a starting point for a comparative exploration of law and society topics. Its coverage of Asia is broad and stretches from East Asia, South Asia and South East Asia to Central Asia. A unique combination of a base in Asia and an international editorial team creates a forum for Asian and Western scholars to exchange ideas of interest to Asian scholars and professionals, those working in or on Asia, as well as all working on law and society issues globally.