Back to RJ Archive

Reparations and reconciliation in East Asia as a hot issue of tort law in the 21st century: Case studies, legal issues, and theoretical framework.

Yoshida, Kunihiko
June 4, 2015

Source: (2011) Journal of Korean Law. 11: 101-122.

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’ll 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. (author’s abstract)

Tags:

AbstractAsiaPost-Conflict ReconciliationPrisonsRJ and the WorkplaceRJ in SchoolsRJ TheoryStatutes and LegislationTeachers and Students
Support the cause

We've Been Restoring Justice for More Than 40 Years

Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.

Donate Now