Cambridge University Press Hate Speech in Japan: The Possibility of a Non-Regulatory Approach

This book explains the past and present status of hate speech regulations in Japan. The United States and European countries have adopted different approaches to resolve their respective hate speech problems. Both of them, however, continue to confront the dilemma that freedom of speech and anti-racism are fundamental values of human rights. Therefore, some scholars criticize the US approach as too protective of freedom of speech, while other scholars criticize the European approach as impermissibly violating that freedom. Compared to these countries, Japan is unique in that it does not criminalize hate speech and hate crime other than in the recently enacted Kawasaki City Ordinance criminalizing some kinds of hate speech. Japan basically relies on a comprehensive set of non-regulative tools to suppress extreme hate speech. This volume analyses Japanese hate speech laws and suggests a unique distinctive model to strike a balance between both core values of democracy. Review 'An outstanding work on an important and timely topic. A superb group of authors examine hate speech in Japan from a wide range of perspectives. A comprehensive exploration of the historical background, existing legal framework, and a fascinating array of recent legal developments. Of great value and interest to anyone concerned with the balance between freedom of speech and regulation of hate speech, anywhere in the world.' Daniel H. Foote, Professor, The University of Tokyo Faculty of Law Book Description A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan. About the Author Shinji Higaki is Associate Professor of Law at Fukuoka University, Japan. He has been a visiting scholar at the U.S.–Asia Law Institute of New York University School of Law and the Peter A. Allard School of Law of the University of British Columbia. He earned his Ph.D. in Law from Doshisha University in 2015. He specializes in constitutional law, particularly freedom of speech. He is the author of numerous works on free speech issues, including Heito Supīchi Kisei No Kenpōgakuteki Kōsatsu [A constitutional analysis on hate speech regulation] (Hōritsu Bunkasha, 2017).Yuji Nasu is Professor of Law at Seinan Gakuin University, Japan, where he teaches constitutional and comparative law. His research interests are primarily in the freedom of expression, with particular focus on hate speech and definitional balancing. He has written numerous articles on free speech, and these have been published in Japanese periodicals such as Hōgaku Seminā [Legal Studies Seminar] or Amerika Hō [American Law]. He is an expert on hate speech law. He recently published Heito Supīchihō no Hikaku Kenkyū [Comparative Study of Hate Speech Laws] (Shinzansha, 2019), analyzing the laws of the US, the UK, Canada, and Japan.