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CSLS Visiting Scholars Speaker Series – JÉRÔME PÉLISSE & KEN TANAKA

Friday, March 23, 2018 @ 2:00 pm - 4:00 pm


CSLS Visiting Scholars Speaker Series

 

Friday, March 23, 2018

 

JÉRÔME PÉLISSE

Sciences Po, Paris

 “Figures of Legal Intermediaries: Variations and Paradox”

The legal intermediary is an emerging theoretical concept developed to grasp the importance of the actors who contribute to legal endogenisation processes. My presentation will propose to extend this analytical category to all actors who, even if they are not legal professionals, deal daily with legal categories and provisions. It compares different types of non-legal professionals who act as legal intermediaries. Based on four field surveys conducted in France over the last ten years on the implementation of employment policies, industrial relations, occupational health and safety regulations and judicial experts in economics, I propose to develop three results. First, our cases embody their diverse, growing and increasingly thoughtful roles in our complex economies. Second, a paradox is highlighted: these non-legal professionals assume roles similar to those of legal professionals. They all act, more or less, successively or simultaneously, as legislators, judges, lawyers, inspectors, cops and even clerks. Finally, despite unequal legitimacy, we show that legal intermediaries often frame legality in a subtle way and contribute in a more or less institutional or political way to the process of legal endogenisation of economic and labor activities.

A related paper is attached.

 

KEN TANAKA

Kansai University

 “Law and Policy on Tobacco Regulation in Japan”

Problems regarding tobacco use are not related to preference but to health and livelihood. The so-called “freedom to smoke,” as a natural right, is intrinsically limited to the extent to which it does not harm the health or survival of others. Furthermore, based on the WHO Framework Convention on Tobacco Control, measures must be taken to prevent secondhand smoking, prevent smoking by minors, and reduce the number of current smokers. I also believe that more dramatic reforms are needed. This study provides a legal theory (legal interpretative and legislative theory) on the legal problems involved in tobacco regulations in Japan based on characteristics of problems regarding tobacco-smoking, and the freedom to smoke and the rights of nonsmokers, while considering and analyzing governmental regulations. As accompanying reads, I suggest these three publications (with hyperlinks for downloading:  1. Law and Policy of Tobacco Regulation in Japan (2015); https://kuir.jm.kansai-u.ac.jp/dspace/bitstream/10112/11468/3/KU-1100-20150300-02.pdf; 2. The Necessity of Tobacco Regulation (2016);https://kuir.jm.kansai-u.ac.jp/dspace/bitstream/10112/11466/3/KU-1100-20160300-03.pdf; The Limitations of the Freedom to Smoke and the Rights of Non-Smokers (2016); https://kuir.jm.kansai-u.ac.jp/dspace/bitstream/10112/11467/3/KU-1100-20160300-02.pdf

 

Jonathan Simon, FACULTY DIRECTOR I Rosann Greenspan, EXECUTIVE DIRECTOR

 

Details

Date:
Friday, March 23, 2018
Time:
2:00 pm - 4:00 pm
Event Category:

Organizer

Center for the Study of Law and Society
Email:
csls@law.berkeley.edu
Website:
https://www.law.berkeley.edu/centers/center-for-the-study-of-law-society/

Venue

Philip Selznick Seminar Room
2240 Piedmont Ave
Berkeley, CA 94720-2150 United States
+ Google Map
Phone:
510-642-4038

Events are wheelchair accessible. For disability-related accommodations, contact the organizer of the event. Advance notice is kindly requested.

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