Globalisation and Emergence of State's New Constituent Population : An Overlooked Aspect of 'Internationalisation of Crime' in Contemporary Japan(Liveral Arts)

概要

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In the currently ongoing globalisation process, states are influenced by transterritorial forces, and the states' responses to these forces create yet other transterritorial forces that influence actors in world politics. Under such circumstances, how is the relation between the state on the one hand, and its constituent population within the territory where the state's sovereignty can reach on the other, changing? How could the terms of such a relationship be reconfigured accordingly? The author has investigated elsewhere (Taki forthcoming') the Japanese state's responseto the 'language barrier problem' in Japan's criminal justice process, the presence of which was publicly acknowledged in the late 1980s. This article assesses the findings of the above investigation, in order to answer the aforementioned question about the making of a social contract between partially transterritorial state and post-national citizens under globalisation. This article argues that, despite the Japanese state managed to tackle 'internationalisation of perpetrator of crime' by introducing judicial interpretation, it has excluded 'internationalisation of victims of crime' from its agenda, leaving this task a long overdue.
長崎国際大学の論文
2005-01-31