Drunk JapanPub Date : 2020-04-23DOI: 10.1093/oso/9780190070847.003.0004
Mark D. West
{"title":"Drunk Driving","authors":"Mark D. West","doi":"10.1093/oso/9780190070847.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780190070847.003.0004","url":null,"abstract":"Japanese drunk driving laws are among the strictest in the world and are stricter than those of any U.S. state. Yet despite considerable drinking in Japan, drunk driving arrests and prosecutions are relatively rare. When cases reach the courtroom, Japanese judges apply an extraordinary range of tests to determine liability. Sometimes they rely on blood alcohol or breath alcohol results, and sometimes they don’t. Sometimes they rely on subjective observations of intoxication, and sometimes they don’t. Sometimes they rely on factors unrelated to drinking or driving to determine liability both for drivers and for passengers alike.","PeriodicalId":149438,"journal":{"name":"Drunk Japan","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115379835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Drunk JapanPub Date : 2020-04-23DOI: 10.1093/oso/9780190070847.003.0007
M. West
{"title":"Drunk in Society","authors":"M. West","doi":"10.1093/oso/9780190070847.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780190070847.003.0007","url":null,"abstract":"This chapter focuses on the role of intoxication in society. After examining the way courts discuss alcohol use as a social problem, it turns to three legal contexts: employment law, family law, and torts. First, it examines cases of disciplinary dismissals, in which civil servants whose employment is terminated after drunk-driving convictions sue their former employers. Second, it explores divorce cases in which alcohol consumption and intoxication are raised as factors that contributed to the demise of the marriage. Third, it turns to cases in which people claim they were defamed by statements related to alcohol consumption. In each case, courts issue opinions that either offer little insight into their thoughts on intoxication (despite a penchant for editorializing in other types of cases) or apply uneven, but individualized, justice.","PeriodicalId":149438,"journal":{"name":"Drunk Japan","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125263113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Drunk JapanPub Date : 2020-04-23DOI: 10.1093/oso/9780190070847.003.0005
Mark D. West
{"title":"Drunk Others","authors":"Mark D. West","doi":"10.1093/oso/9780190070847.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780190070847.003.0005","url":null,"abstract":"This chapter explores the responsibilities of sober people for intoxicated people. It first explores general duties created by relationships and employment law. It then examines responsibilities in two specific contexts: university tragedies in which students, often because of peer pressure, die from alcohol poisoning, and insurance cases in which intoxicated people or their heirs sue their insurers for damages incurred while drunk. In general, absent extreme circumstances, courts place liability with the intoxicated and not people around them. Although some of these outcomes might be attributable to specific legal doctrines or facts, the cases nevertheless stand in contrast with social science literature that finds that people in Japan tend to place responsibility for behavior with groups and circumstances, not individuals.","PeriodicalId":149438,"journal":{"name":"Drunk Japan","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130225942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}