Friday, June 20, 2025

Law versus Reality


 

As of the writing of this blog, I have lived in Japan for eleven years now. Coming from a Rule of Law country where laws determine the rules rather than arbitrary decisions from groups or individuals, over time I was surprised to see how things actually work in practice in Japan. Though Japan is considered a rule of law country, its core societal beliefs can be traced back to three concepts: No God, No Ultimate Text or Truth, and No Contracts. These core beliefs impact their view of truth, daily life, and the role of the law greatly. Before World War 2 Japan was ruled by an ancient god-emperor setup. After defeat it was reluctantly transformed into a Westernized style government complete with an Americanized constitution guaranteeing certain rights which brought with it a Rule of Law type system. On all outward appearances Japan is just that, a Rule of Law country. The Japanese people have come to tolerate or even appreciate living under this type of system as long as it does not interfere with their cultural norms. However, when it comes to enforcement of laws, often time Japan is very much a system based upon subjective ideas that have more to do with maintaining harmony according to group specifications. In short, the local official determines the enforcement of the law. Often times when consulted local officials will give very different answers! It may also be why Japanese people are known to take a very long time meeting in groups to discuss important matters before making any decisions. A careful harmony-based risk aversion society beneficial to the group is in place.

On paper the law indicates that everyone should wear Bicycle Helmets, but virtually no one does as there is no enforcement. On paper taxes, medical insurance, and governmental fees must be paid, but in reality it is said that only 63% of foreigners living in Japan actually do so. This has been a cause of societal angst. In many cases Japanese do not really know what to do with foreigners because it is expected that the foreign person should know what to do without being told what to do. The idea is that societal rules should be understood over time by living here. The group mentality influence is so great that it is very difficult if not impossible in some ways for a Japanese person to think outside of it and consider other ideas. In many cases they literally do not understand foreigners, which has become an issue in an increasingly internationalized world. No issue is more problematic than that of the issue of child abductions. On paper Japan is part of the Hague Convention for International Child Abduction which requires children to be returned to the country where they lived in mostly, but in reality it is not enforced, so one parent can take children to Japan and keep them for good. This has been a continual complaint for many years as many children have been abducted by one parent and never seen again. The enforcement of the law often times will be to benefit the Japanese person or group rather than the truth. The allegiance is to the group rather than the truth, to maintain harmony in the community, not necessarily to accomplish justice against the 'evildoer' in the name of truth.

This all goes back to the unwritten societal core beliefs of No God, No Ultimate Text or Truth, and No Contracts. Logically, these core principles become the objective truth for Japan even though they reject objective truth! If there is no God, then the government or group become the ultimate authority. This pattern is seemingly repeated throughout history for all societies that reject God. If there is no ultimate text or truth, then the subjective dictates of the group determine what is right or wrong. If there are no Contracts then the written agreements really mean nothing, or they can be changed arbitrarily. When Rule of Law concepts clash with Japanese Culture it will be the culture that wins out in the end in Japan. Rule of Law does not mean anything without an objective truth and moral basis to enforce the law behind it. A society that is made in its own image that does not allow for God, is what the Japanese have made for themselves. Unfortunately, in the West as societies reject God, Rule of Law, is also rejected, which leads to similar situations. Many Western countries still have a sizable portion of the population that adheres to Christian principles. In Japan there is a visible Christian minority that hovers around one percent of the population. Surprisingly, many Christians are in upper levels of Japanese government! Perhaps society as a whole rejects God, however there are many of those in leadership that acknowledge the need for God in order to get wisdom to govern. Let us pray for the Japanese people to break through the fog of subjectivity so that they may come to Christ! There are many unforeseen and foreseen benefits of a society whose people are governed by a Bible based world-view.