NCJ Number
178860
Journal
British Journal of Criminology Volume: 39 Issue: 3 Dated: Summer 1999 Pages: 369-390
Date Published
1999
Length
22 pages
Annotation
The legal cultures of Japan and Western countries are compared as a means of suggesting a reason for the significant gap between the crime rates in Japan and the West.
Abstract
Group formation in Japan is based on geographic location. This locality-based group formation in Japan causes both a sense of security and an infinite number of repressive rules. These two elements are bound together to produce a high level of self-control; this self-control acts as a strong factor that restrains people from committing crime. In contrast, the Western world emphasizes group formation based on personal attributes. Two other characteristics of Western countries are the limited and permissive nature of their rules and the relative freedom of action. All these factors contribute to a weakening of the crime prevention mechanism and an emphasis on the role of punishment rather than crime prevention. This comparison demonstrates the tradeoff between a low crime rate and a strong awareness of freedom. Great Britain's former prime minister Thatcher has said that a society can reduce its crime rate without undermining freedom if individuals have a strong sense of responsibility. However, it may not be feasible to expect a strong sense of responsibility from everyone. Thus, a society may have to decide to position itself somewhere between an over-controlled society and an excessively free one. Japan's position within this spectrum is a factor that accounts for its low crime rate. Figures, footnotes, and 30 references (Author abstract modified)