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Reparations and Reconciliation in East Asia as a Hot Issue of Tort Law in the 21st Century: Case Studies, Legal Issues, and Theoretical Framework

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Authors
Kunihiko, Yoshida
Issue Date
2011
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.11 No.1, pp. 101-122
Keywords
Reparations /reconciliationtort lawapology /atonementprescription / limitation of actionlaw and moralityslave laborcomfort womenmassacres and bombings
Abstract
Reparations and reconciliation issues have been still marginalized in tort law in spite of their pragmatic and theoretical importance in East Asian legal scholarship. On the other hand, there are already many reparations lawsuits, especially relating to Japanese invasion and colonization, on forced slave labor, comfort women, massacres in China. In this article, first, we’l deal with why these legal cases have been unsuccessful so far in Japan, and the ways to overcome legal obstacles. Second, we will discuss the mechanisms of reparation and its goal: reconciliation and changes in international and racial relationship. The important role of an apology, comparison of legal and moral reparations and the related issues will also be considered.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85187
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 11 Number 1/2 (2011)
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