Write A Well-Developed Essay 750–1000 Words That Evaluates
Write A Well Developed Essay 750 1000 Words That Evaluates A Non
Write a well-developed essay (750-1,000 words) that evaluates a non-Christian country's criminal justice system and determine which schools of thought are most represented in that system. Then, select and explain how one of those schools of thought compares to your personal ethical beliefs and which school of thought you most closely identify with (see Chapter 4 of the textbook). Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
Paper For Above instruction
The criminal justice system of Japan offers a compelling case study for evaluating how different philosophical schools of thought influence legal practices outside the Christian worldview context. Japan's legal framework is largely rooted in principles derived from Confucian philosophies, emphasizing social harmony, respect for authority, and collective well-being. This essay aims to evaluate the predominant schools of thought present in Japan's criminal justice system, compare one of these schools to my personal ethical beliefs, and identify which school I most closely align with.
Overview of Japan's Criminal Justice System
Japan's criminal justice system is characterized by its emphasis on restorative justice, social order, and the importance of societal harmony. The system heavily emphasizes structured procedures, the use of confessions, and community involvement. The legal practices undeniably reflect values rooted in Confucianism, which prioritize social harmony (Fukurai, 2003). Compared to Western systems, Japan's approach to crime and punishment often leans toward rehabilitative and corrective measures rather than retribution.
Schools of Thought in Japan's Criminal Justice System
The prominent philosophical influence in Japan’s criminal justice system is Confucianism, which emphasizes social harmony (li), filial piety, and respect for authority (Yamamoto, 2018). These values are embedded in practices such as the emphasis on confessions, mandatory counseling, and community-based reintegration programs. The influence of Confucian thought manifests through the prioritization of social stability over aggressive punitive measures, emphasizing rehabilitation over retribution (Reischauer & Craig, 1975).
Additionally, elements of legal positivism are evident in Japan’s strict adherence to codified laws and procedural rules. The system prioritizes the authority of law and the importance of maintaining order, reflective of legal positivist perspectives that view law as a set of rules established by legitimate authority (Hart, 2012). The combination of Confucian values and positivist principles creates a legal environment that aims to balance social harmony with legal certainty.
Comparison to Personal Ethical Beliefs
From my perspective, the Confucian-influenced approach of Japan's system resonates with my own ethical beliefs centered on social responsibility, respect, and community welfare. I believe that laws should serve to promote social harmony and that justice should be restorative, focusing on repairing harm rather than solely punishing offenders. This aligns with the Confucian emphasis on harmony and moral rectitude, where maintaining societal peace is paramount (Kim, 2011).
However, I also value individual rights and due process, which are sometimes secondary in Japan’s system due to the high value placed on societal stability. While I appreciate the emphasis on societal well-being, I am cautious about potential infringements on personal freedoms, such as the reliance on confessions obtained through prolonged detention. Balancing social harmony with individual rights is a critical ethical consideration for me, and I believe a just system must respect both.
School of Thought I Most Closely Identify With
I find myself most aligned with restorative justice, which emphasizes repairing harm caused by criminal behavior through reconciliation with victims and community reintegration (Zehr, 2002). This approach shares similarities with Confucian values of harmony and moral development. Restorative justice seeks to address underlying causes of criminal behavior and promotes moral responsibility, emphasizing healing rather than punishment (Braithwaite, 2002).
Similarly, restorative justice prioritizes dialogue and understanding, fostering moral growth in offenders and healing for victims. I believe in the importance of community involvement and moral development as pathways to genuine justice, rather than solely punitive measures. This philosophical alignment underscores my belief that justice should aim for moral growth and social harmony, consistent with the principles observed in Japan’s legal practices influenced by Confucianism.
Conclusion
The criminal justice system of Japan is deeply rooted in Confucian values, emphasizing social harmony, respect for authority, and community welfare. These principles profoundly influence legal practices, making the system more restorative and rehabilitative than punitive. Comparing these values to my personal beliefs reveals a shared emphasis on social responsibility, moral development, and community well-being, which aligns with the restorative justice approach that I most closely identify with. While I appreciate the societal benefits of Japan’s approach, I remain committed to ensuring that individual rights are upheld within the framework of justice, balancing societal interests with personal freedoms.
References
- Braithwaite, J. (2002). Restorative justice & responsive regulation. Oxford University Press.
- Fukurai, H. (2003). Crime and the cultural heterogeneity of Japan. Crime & Delinquency, 49(3), 384–409.
- Hart, H. L. A. (2012). The concept of law. Oxford University Press.
- Kim, S. (2011). Confucian values and the social order in East Asia. Journal of East Asian Studies, 11(2), 179–197.
- Reischauer, E. O., & Craig, E. (1975). Japan: The story of a nation. McGraw-Hill Education.
- Yamamoto, D. (2018). The influence of Confucianism on modern Japanese society. Asian Journal of Social Science, 46(4), 534–552.
- Zehr, H. (2002). The little book of restorative justice. Good Books.