Unpublished Papers

Obscenity In Japan: Moral Guidance Without Legal Guidance

Amanda Dobbins, Temple University Japan

Abstract

Article 175 of the Japanese Penal Code is a short, two sentence article governing the concept of obscenity in Japan and its related punishment. It is the only law governing obscenity in Japan. The Japanese courts have long struggled to interpret this article, how to reconcile it with the ban on censorship present in the Japanese Constitution, and how to apply it to the various genres of artistic creation. The result has been inconsistent rulings that have created confusion in the minds of Japanese artists and has had the effect of suppressing artistic expression. The article is outdated, vague, and inconsistent with the needs of the Japanese people. Therefore, it must be re-written to reflect modern day values and needs, or needs to be eradicated from the Penal Code.

Suggested Citation

Amanda Dobbins. 2009. "Obscenity In Japan: Moral Guidance Without Legal Guidance" ExpressO
Available at: http://works.bepress.com/amanda_dobbins/1

Included in

Law Commons

Share