Eastern twists on Western concepts: Equality jurisprudence and sexual harassment in Japan

Wolff, Leon (1996) Eastern twists on Western concepts: Equality jurisprudence and sexual harassment in Japan. Pacific Rim Law and Policy Journal, 5(3), 509 -535.

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A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take place in a broader context-a context that does not ignore the Eastern cultural experience.

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ID Code: 91085
Item Type: Journal Article
Refereed: Yes
ISSN: 1066-8632
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 10 Dec 2015 01:50
Last Modified: 10 Dec 2015 01:50

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