1.)Definition
The term constitution refers to the ideas, rules, and moral codes put down by a certain organization into writing. In countries and states, the terms exclusively defines the codified forms of “ fundamental political principles, and establishing the structure, procedures, powers and duties, of a government” (Wikipedia, 2007). Rights can also be codified into the constitution. Often, the subjects of these are certain rights of the residents of that country or state (Wikipedia, 2007).
History
In as early as 350 BC, formal distinction between ordinary law and constitutional law was recorded. This was accomplished by Aristotle. He established ideas on constitution and constitutionalism, and he also attempted to classify different forms of constitutional government (Wikipedia, 2007). According to Aristotle, the most basic definition of constitution was “the arrangement of the offices in a state”. In his books and works entitled “Constitution of Athens”, “Politics” and “Nicomachean Ethics”, he thoroughly discussed other forms of constitutions, mainly focusing on the ones used in Athens and Sparta. He dissected these constitutions and came up with classifications which he regarded as either good or bad. Having done so, he finally reached the conclusion, stating that the most proper constitution would be a “mixed system”, wherein he suggested that the use of elements from monarchic, aristocratic and democratic constitutions would be best. Furthermore, he took the liberty to distinguish between the opportunities of citizens, whether they had the right to participate and the non-citizens and slaves who had neither right nor opportunity to participate in any matter of the state (Wikipedia, 2007).
The Romans came up with the idea of codifying their constitution, though Hammurabi and many others did that long ago. In the year 449 Be, they codified their constitution as the “Twelve Tables”. From time to time, a number of laws were added that helped the continuance of their governance. Though the laws and the constitution has been codified, it has never been organized into one code. Only in AD 438 did they manage to reorganizer their constriction. This was called the “Codex Theodosia us”. In AD 534, another code emerged. It was named Codes Justinian us and was very popular throughout Europe. In the east, the Eclogue of Leo III the Saurian in AD 740 and the Basilica of Basil I in AD 878 followed suit (Wikipedia, 2007).
Many Germanic peoples took up what was left behind by the Roman Empire. Many of them adopted constitutions in order to codify their laws. Many such constitutions abound and existed at that time. In 1100, King Henry I of England proclaimed the “Charter of Liberties”. This constitution bound the king in his treatment of the clergy and the nobility (Wikipedia, 2007). In 1215, the barony had John of England sign the “Magna Carat”, which contained a citation almost similar to the idea of “habeas corpus”, wherein the king could not, in any way, imprison, kill or exile anyone without legal due process (Wikipedia, 2007). In article 39 of the “Magna Carat” states that :
“No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.” (Wikipedia, 2007).
The US constitution is believed to be the oldest comical constitution still functioning. The document specifically announces itself as the constitution.
Article 9 of the Japanese Constitution
Article 9 of the Japanese Constitution States that:
“Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a mean of settling international disputes.
(2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized. “
This article was added to the Japanese constitution with hopes that it would no longer be able to once again engage in war. This article is often interpreted as a sign of renouncing the use of military force in international cases. In the late-1990’s, dispute over Japan’s ability to join military undertakings overseas revolve around the article 9 of the constitution. Government appropriations on Self-defense Forces increased to around 5% per annum in the 1980’s. In 1990, Japan was only third to Soviet Union and the United States on total expenditures on self-defense armies. The article evolved from “no-military” to “army for self-defense or defense of NATO-allies” (Japan101 database, 2007).
Changes on demographic, economy, and social-economy in Japan
Economic
Japan’s economy is an industrialized and a free market economy. It is also the third largest purchasing power parity, next only to the United States and the People’s Republic of China. In the 1980’s the economy of Japan has been called “miraculous”.
Though Japan’s economy is viewed to be one of the most successful and solid economies in the world, it also has its downside. In September, unemployment surged to up to 5.4 %, it has been the highest rate since WWII; “household spending has sunk 1.3 percent; and industrial production is on a rapid decline, deepening the woes of the world’s second-largest economy” (Hwang, 2002).
Demographic
As a rexult of scientific, industrial, and social changes, Japan’s population experienced a boom in the late 19th and early 20th century. The country’s population is currently 127, 463, 611. The decrease in population growth has been brought about by sudden falling of birthrates and no net immigration. High standards in standards and sanitation has led to the highest life expectancy, 81.25, as of 2006. It is the world’s only nation with the oldest average age on the planet, with 21.2% of the population as elderly. As of 2005, the decline of the population were triggered by the .010 million excess of death counts over birthrates. The main problem will be the financial crisis that comes from having a higher and higher dependency ratio (Wikipedia, 2007).
2.) Definition
Liberation, taken from the word liberty, simply means to be freed. Often, the word is used as a strong noun marking the forcible removal of unwanted control over an area, person or people by an outside (sometimes military) force. Often, the word is used as a term to refer to the removal of sexual inhibitions (Wikipedia, 2007).
According to Wikipedia, sexual liberation refers to a change in sexual morality and sexual behavior throughout the Western world (2007).The term sexual liberation, has beans used throughout the 160’s as pertaining to the equalization of sexual right, norms and stereotypes.
Comparisons Between a Japanese Woman and a Chinese Woman
In Japan, housewives and mothers often are given respect that some cultures find taboo. While it may be denigrated in other places, including the United States and other westernized countries, the role of housewife is one that Japanese culture and the women themselves feel holds great importance (Diggs, 1998). The typical Japanese woman, in contrast, feels that since she is in full charge of the home, she has no need to seek further responsibility in the outside world. This responsibility in itself grants her the status she enjoys and a respect that housewives in other parts of the world might envy (Diggs, 1998).
Confucianism also plays a major part in the lives of a Japanese family and the Japanese woman. Confucianism stresses education, respect for family and the elderly.
Japanese women are often not different from any other kind of women there are. Japanese women also love to talk. According to Marmot, “This failure to communicate exacerbated when husbands come home late and tired, may be the reason for the recent phenomenon of the “sexless marriage” reported by the media”.
Divorce rates in Japan are quite low, but this doesn’t mean that the union between husband and wife are good. This phenomenon is called “masked marriage”, owing to the fact that underneath that union, is an unhappy couple, especially an unhappy wife. It is a question why the couple does not divorce. It is often pressure that keep the family together, and also the fact that a divorced woman almost never gets child support.
Chinese women
An adolescent woman in China is often regarded as uniquely beautiful and uniquely vulnerable. Oftentimes, the woman is given too many do’s and don’ts regarding her femininity and behavior.
“IN THE CLASSROOM, girls were told that they would do well if they acted more like boys; at work, young women were presented with female role models whose achievements were measured by male standards. In preparing for a socially approved marriage, on the other hand, women were told to accentuate their femaleness. “ (1988).
According to Her this message emerged after the end of the Cultural Revolution, and no broad social consensus existed on the proper way to present oneself as a woman. Beauty and personal adornment were important and natural concerns for young women. Yet the advisers also warned that good looks were not as important as good health and proper behavior, and that certain types of beautification were morally questionable. Sexuality, young women were told, has its time (adulthood) and place (marriage), but multiple dangers awaited the adolescent girl who chose to explore it. This warning was driven home by tales that graphically described the fate of young women who strayed from acceptable codes of behavior (1988).
Advanced vs. Third world society
According to Boyle and Liu, international treaties have had an important impact on national policies affecting women throughout the world. This is true despite women’s marginalized status in most national political systems and the treaties’ lack of specific formal sanctions. Using the case of the Convention for the Elimination of All Forms of Discrimination Against Women, the Japanese Equal Employment Opportunity Law, and lawsuits brought by Japanese women against the Sumitomo corporations, we develop an explanation of how international treaties can effect change, even for groups with little economic or political power. First, international treaties provide normative resources that allow local activists to describe their actions in terms of moral imperatives rather than selfish interests. Secondly, international treaties provide structural resources to activists, such as periodic reporting requirements that provide opportunities to embarrass slow-moving governments.
Social scientists have since moved away from this model, recognizing the power of symbolic legitimating in shaping attitudes and behaviors (Boyle & Liu, 2001).
At the second world conference on women in 1980, Japan signed CEDAR. In 1985, it formally ratified the treaty. In conjunction with the ratification, Japan passed an Equal Employment Opportunity Law (EEL) which became effective in 1986.2 As required by Article 5 of CEDAR, the legislative measure alms to modifying the social and cultural patterns that subsumed prejudice against women. However, the EEL was still based’ on the old belief that committed workers give everything to their jobs without having to undertake household or childcare responsibility. Therefore, the law carefully differentiated its wording about gender equality concerning different workplace issues. In core areas such as recruitment, hiring, placement and promotion, the EEL stipulated that employers should “endeavor” to treat women equally with men (Articles 7 and 8). This meant that companies could continue to discriminate against women and would not face sanctions under the EEL (Boyle & Liu, 2001).
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