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NEWS: Mandarake Executive Charged for Operating Adult Store in Tokyo's Nakano Broadway


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Juno016



Joined: 09 Jan 2012
Posts: 2410
PostPosted: Mon Oct 25, 2021 3:43 am Reply with quote
Tempest wrote:

The Japanese legal system is actually intentionally designed this way. The laws are vague, so that police and prosecutors have more discretion in how and when they apply them.

I'll second "not liking this" in general in regards to these vague laws.


My international lawyer professor in Japan explained it in an interesting philosophical way:

The Yakuza can operate shady business because they keep things on the down low and they also contribute to keeping certain dilinquent members of society from causing too much trouble for police, altogether helping keeping crime rates low. Meanwhile, if someone within the Yakuza steps out of line, they can inform the police themselves and catch the person on a technicality. The Yakuza heads have, in the past, described this as a sort of "heroic" endeavor. If certain things were laid out explicitely in the law to address concerns from loopholes the Yakuza took advantage of for their illicit activities, it would cause a lot of collateral in the form of dismantling a gang structure that keeps those troublemakers from doing more than causing noise in neighborhoods. The loopholes exist, but there's a sense of mutual understanding that as long as the Yakuza doesn't push buttons, the law doesn't need to change.

To throw another analogy in, doujin works based on IPs are technically copyright infringement, but as long as the original authors of the IPs or copyright holders don't go after doujin work creators, the market for doujin works can continue to strive. Likewise, if a doujin work creator does something like selling uncensored work or maybe creating artwork that's too indistinguishable from the original work, the author has the law on their side. The system works because both sides (copyright holders and doujin creators) trust the other side to support each other's markets, not tarnish them.

But with the benefits comes problems, too. Loopholes can lead to less-than-noble people or groups taking advantage of them for not-so-great intentions. Plenty goes on in the idol industry and porn industry behind closed doors that involve exploitation (especially on the underground idol/amateur porn level). It's hard to trust authorities to use their discretion to draw the line fairly, too.
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