Legal Spirits 074: Religion and the State in Japan
About this episode
This episode discusses the challenges of enforcing the separation of religion and state in Japan with Professor Eiichiro Takahata.
Nearly eighty years after Japan adopted constitutional provisions separating religion and the state, Japanese courts continue to grapple with a question familiar to American lawyers: how to enforce separation without severing law from history, tradition, and social practice. In this episode of Legal Spirits , Mark Movsesian speaks with Professor Eiichiro Takahata of Nihon University about the Japanese Supreme Court’s church–state jurisprudence, including its adaptation of U.S. Establishment Clause doctrine and its distinctive reliance on common-sense social understandings. The conversation offers a comparative lens on the U.S. Supreme Court’s recent turn away from abstract tests like Lemon and toward history and tradition—and highlights both the parallels and the limits of that convergence. Listen in! The post Legal Spirits 074: Religion and the State in Japan appeared first on LAW AND RELIGION FORUM .
People in this episode
Host: Mark Movsesian
Guest: Eiichiro Takahata
Topics covered
- Religion
- State
- Japan
- Separation of Church and State
- Jurisprudence
Keywords
- Japanese Supreme Court
- Establishment Clause
- common-sense social understandings
- U.S. Supreme Court
Mentioned in this episode
Books & works: Legal Spirits 074
Places: Japan, U.S.
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- Legal Spirits 077: Dignity in Judgment
- Legal Spirits 076: A Short Take on Chiles v. Salazar
- Legal Spirits 075: A Short Take on the Louisiana 10 Commandments Case
- Legal Spirits 073: A Short Take on the Minnesota Church Protest
- Legal Spirits 072: Religion at the “Constitutional Court of Europe”
- Legal Spirits 071: Jefferson, Wine, and the Wall of Separation
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