Volume 6, Number 1 (January 1997)

ARTICLES

The sanctity of life and the right to die: social and jurisprudential aspects of the euthenasia debate in australia and the united states, Roger S. Magnusson

Martial Lawlessness: The Legal Aftermath of Kwangju, James M. West

COMMENTS

REDUCING MALAPPORTIONMENT IN JAPAN’S ELECTORAL DISTRICTS: THE SUPREME COURT MUST ACT, William S. Bailey

EXCLUSIVITY AND THE JAPANESE BAR: ETHICS OR SELF-INTEREST? David Hood

THE TAIWAN CONSUMER PROTECTION LAW: ATTEMPT TO PROTECT CONSUMERS PROVES INEFFECTIVE, Carol T. Juang

ABSTRACTS

Articles

The sanctity of life and the right to die: social and jurisprudential aspects of the euthenasia debate in australia and the united states, Roger S. Magnusson

This paper reviews social and legal issues in the current euthanasia debate. Focusing on Australia and the United States, the author argues that the legalization of physician-assisted suicide ("PAS") and/or active voluntary euthanasia ("AVE") is inevitable within the short to medium term, given recent developments which have undermined the sanctity of life ethic. Legal factors supporting this assessment include the changing definition of death, the growth of a legally-recognized right to self-determination extending to the withdrawal of life-support, and the recognition by some courts that life support may be withdrawn without consent because life is considered to be futile. The law, in turn, reflects broader changes in prevailing social philosophies that have been greatly influenced by rising individualism, the technological revolution in medicine and the promotion of debate through television and other media. Public opinion polls, the fragmentation of medical opinion over PAS/AVE and the declining influence of churches are also creating the conditions under which legalization would be a viable social policy. This paper reviews the emerging jurisprudence establishing a right to die in Australia, the United States and the Netherlands. In view of the likelihood of PAS/AVE reform, the author argues that it is vital to articulate a stable philosophical basis for PAS/AVE which will provide a principled basis for any further incremental derogation from the sanctity of life ethic.

Martial Lawlessness: The Legal Aftermath of Kwangju, James M. West

On August 26, 1996, two former presidents of the Republic of Korea, Chun Doo-Hwan and Roh Tae-Woo, were convicted of insurrection, treason and corruption. The charges arose out of their December 1979 coup and the ruthlessly violent suppression of a democratic protest in the city of Kwangju in May 1980. This article recounts the origins and analyzes the progress of this dramatic criminal trial, which has attracted worldwide attention. The current South Korean head of state, President Kim Young-Sam, has depicted the conviction of his predecessors as a historic juncture opening a new era of constitutionalism for Korea. Despite the popularity of the prosecutions in Korea, however, critics see the cases as motivated by revenge or political opportunism and have questioned whether the trials actually will serve to establish a Rule of Law under which Korea's dynamic political economy can purge itself of chronic corruption and authoritarian abuses of power. Other issues examined include continuing impacts upon U.S.-Korean relations of the Kwangju tragedy as well as possible implications of the criminal prosecutions for Korean reunification and for future transitions to democracy in other nations.

Comments

REDUCING MALAPPORTIONMENT IN JAPAN’S ELECTORAL DISTRICTS: THE SUPREME COURT MUST ACT, William S. Bailey
Japan's Constitution does not expressly mandate periodic census and reapportionment of electoral districts. The Election Law only suggests reapportionment. Consequently, rapid population shifts in postwar Japan created endemic voter imbalances. The Supreme Court has made some attempts to prod the national parliament to take ameliorative action, but the result has always been "too little, too late." Nevertheless, the evidence shows that the parliament does heed the Court's decisions. This Comment urges the Court to tighten the 3 to 1 ratio it has developed for allowable voter imbalances to 2 to 1 or better, and to abandon doctrines like the "reasonable period" that postpone declarations of unconstitutionality and subsequent legislative action.

EXCLUSIVITY AND THE JAPANESE BAR: ETHICS OR SELF-INTEREST? David Hood
[Summary] Barriers to entry into the Japanese legal profession confront not only foreign lawyers, but also the many Japanese college graduates who attempt unsuccessfully to become lawyers. ... History of the Japanese Legal Profession ... Two sets of legislation gave the status of the legal profession a boost in 1880. ... An oversupply of lawyers brought about intense competition in the legal profession in the 1920s. ... Thus, while overall levels of reported attorney misconduct in Japan are very low in relation to the levels in other developed nations, the Japanese public still perceives the Japanese legal profession as less than pristine. ... One attorney observed, "the content of the code, written or not, is common knowledge in the lawyer's world, just as the Criminal Code has nothing to do with common people's lives, yet they behave without knowing the details of the law." ... Nichibenren's self-aggrandizing regulation of the legal profession has important effects on the whole of Japanese society. ... By discarding the elitist idea that only a small bar can be ethical, Japanese attorneys can increase not only the size of their membership but also the visibility and transparency of their ethical oversight, further enhancing the confidence the public has for the legal profession.

THE TAIWAN CONSUMER PROTECTION LAW: ATTEMPT TO PROTECT CONSUMERS PROVES INEFFECTIVE, Carol T. Juang

The concept of consumer protection is a relatively new social issue in Taiwan. With the passage of the Taiwan Consumer Protection Law ("CPL"), the government of Taiwan has taken a tremendous step towards the protection of its consumers' rights. However, industry leaders as well as consumers have voiced concerns over many of the provisions and terms in the CPL. Consumers have not taken advantage of the CPL as a means of legal recourse for product-related injuries, and industry groups have asked the government to reexamine particular aspects of the CPL. Such reaction has essentially rendered the CPL an unproductive piece of legislation.