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Chapter 4 focuses on a central demand of disability rights activism—accessibility. In both Korea and Japan, the built environment has grown markedly more accessible, in part through non binding measures. But by combining contentious and institutional tactics, disability rights advocates have pushed to make standards and regulations mandatory and to give disabled persons (the users of barrier-free features) a seat at the table in policy design, implementation, and evaluation. National governments and localities in both Korea and Japan have gradually responded by making accessibility policy more formal and participatory, though gaps remain.
The book’s conclusion assesses the extent of legalism in Korea and Japan, including other issue areas. It underscores the importance of studying the role of activists and lawyers in catalyzing sociolegal and institutional change. Legalism may take diverse forms, as demonstrated in the comparisons of Korea and Japan. The tobacco liability cases show that legalism is not emerging everywhere. The cases suggest legalistic governance is more likely when support structures for advocacy and legal mobilization exist, opposition is diffuse or weak, and activists sustain all five mechanisms. The conclusion considers what the expanding role of law and courts means for democracy in both countries. It ends on a cautiously optimistic note: the potential for rights realization and participatory channels has grown, especially in Korea. Although challenges in legal mobilization persist, and reform implementation faces human, resource, and attitudinal barriers, activists and lawyers are creatively engaging with legal frameworks in ways that strengthen legalistic regulatory styles.
Chapter 8 turns to a paired comparison of secondhand smoke prevention policies, which offer a more optimistic picture of sociolegal change. In addition to more nonsmoking rules, changing social norms and declining smoking rates were conducive to realizing reforms—and benefited from them. This chapter details the contributions of tobacco control advocates through lobbying, educational activities, and lawsuits related to secondhand smoke, especially in workplaces and at subnational levels. Their multi sited activism is a necessary part of understanding why one is now much less likely to be exposed to secondhand smoke in Korea and Japan.
A brief overview of the themes of the study shows that the quest for land upon which to erect defensible settlements and from which to raise necessary revenue determined much of the course of Company endeavour. Without land there was nowhere to erect Company factories and accommodation, without land there was no security from the predations of indigenous and rival European forces, without land there was no settlement of indigenous artisans and traders generating revenue, without land there was no revenue from tenant peasants and without land there was no empire. This legitimacy of this quest and the sovereign authority the Company sought depended in part on the administration of justice. Following haphazard attempts to impose English law, the unification of jurisdiction after 1726 provided a degree of coherence across the three presidencies. Accompanied by all the trappings and pageantry of court proceedings, and the assimilation into its ranks of leading figures from the various communities, the mayor’s courts commanded legitimacy and thus a broad acceptance; this despite the persistence of corruption and a failure to render the courts wholly independent from Company influence.
This chapter introduces the main argument, situates it in a broader literature, and offers a glimpse into the evidence that will be consulted in the ensuing chapters.
Part I comprises three chapters focused on the history of disability rights activism and recent reforms related to accessible public transit and disability discrimination. Chapter 3 overviews historical parallels in the marginalization of people with disabilities, the development of welfare policies for them, and the emergence of independent living movements in Japan and Korea. Activism by (rather than for) Japanese and Koreans with disabilities, along with growing rights consciousness, accelerated in the 1990s and 2000s through ties with transnational activist networks and negotiations around the Convention on the Rights of Persons with Disabilities. As background for the next two chapters, Chapter 3 surveys recent reforms and the organizational ecology of disabled persons’ organizations and lawyers, who activate the causal mechanisms and thereby contribute to the legalistic turn in governance.
Bengal was a region long known to the Company. Trade, however, was stifled by the Portuguese and the determination of Mughal authorities to resist English incursions. The Company was able to establish settlements in the weaving centres of Patna, Dacca and Malda, but these were outlying centres of production. Josiah Child’s control of the Company signalled a shift towards a new aggressive phase notable for a resolve to fortify settlements, exploit new sources of land revenue and a willingness to challenge Mughal authority. In the aftermath of the abortive assault on Chittagong, Job Charnock settled on a site on the banks of the Hugli. Pestilential, remote and of little interest to Mughal authorities it may have been, and yet the three small villages which became Calcutta were trading centres, made easily defensible by the encompassing jungle and river. Charnock died before any vision he had for the site could be realized, but his successors acted expeditiously and mostly fraudulently to secure zaminardi rights over the surrounding area, erect adequate fortification and after a period of uncertainty, impose a system of justice based on the mayors’ courts of Bombay and Madras.
As this book’s “negative cases,” Chapter 7 unpacks why legal mobilization related to tobacco product liability and the recovery of healthcare costs for treating smokers has had so little impact on legal frameworks and jurisprudence. The chapter highlights the persistence of the Tobacco Business Law in sustaining the tobacco industry’s political power, the role of transnational networks among tobacco companies in resisting stronger regulations, domestic Japanese and Korean judges’ narrow interpretations of standing rules and causation, and the weaknesses of support structures for sustained legal mobilization and advocacy.
Although Surat and its satellite ports had provided the Company with the necessary means of trade and communication, the resistance of Mughal authorities stifled any prospects for expansion. The Coromandel coast seemed to offer opportunities. Here were important trading centres beyond Mughal authority where local chiefs, anxious to consolidate their rule in the febrile political climate that prevailed, viewed the activities of European merchants as a means of generating revenue. From the time Francis Day was first appointed as a factor in 1632, he had applied himself to the task of finding a new site to further English trade. In 1637, he set a course southward from Masulipatnam to Pondicherry with the hope of negotiating the establishment of a factory. The voyage achieved little, but Day noted in passing a small fishing village which clearly attracted his attention, not least because overtures were made by local Telegu nayaks who were keen to attract English trade. A kaul, probably drafted by Day, was speedily granted for the ‘tradeing and fortificing at Medraspatam’. So were laid the foundations for the settlement of Madras.
Chapter 2 outlines the book’s conceptual and theoretical frameworks. It bridges studies of regulatory styles with scholarship on legal and political opportunity structures to detail indicators of legalistic governance, which serve as a guide for the subsequent paired case studies. It also theorizes five causal mechanisms that elucidate how activism contributes to more legalistic governance. Finally, it discusses, in probabilistic terms, the conditions under which activism is more likely to contribute to legalistic modes of governance.