The Annals of Legal Philosophy
Online ISSN : 2435-1075
Print ISSN : 0387-2890
Globalization and the Fate of Community
Koichi TANIGUCHI
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JOURNAL OPEN ACCESS

2011 Volume 2010 Pages 100-111

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Abstract
The aim of this paper is to focus upon the impact of globalization on domestic communities, consequently illustrating the necessity of 'state power' to tame the affluence of such globalization. According to the stock of globalization studies, it is more often than not said that 'state power' is declining, more to say. 'Retreat of the State'. But the reality is contrary to such recognition of 'Retreat'. In this paper, firstly we focus on the arguments of Anne-Marie Slaugter (international law) and Saskia Sassen (sociology) to show that the existing components of the state-government are still at the center role, especially as the 'regulatory power'. Slaugter describes this globally woven 'regulatory web' as the 'trans-governmental order'. Secondary, we pay attention to the important aspect of globalization, that is, the global trend of deregulation. In this rather negative aspect of globalization, we explore the U. S.-Japan comparative case studies, especially in the area of land-use regulation/deregulation as to global big-box retailers in suburbia. In this respect, we take a close look at the history of regulatory legislations in Japan. The conclusion of this U.S.-Japan comparison is that public intervention (regulatory power) is too weak, and the land-ownership is too strong in Japan, compared to other countries, including the United States. Such too weak state intervention and too strong ownership result in the undermining of the basic infrastructure of communities. So if we want to retain viable and sustainable communities, we need the 'state power' to regulate the land-use. This conclusion may seem to be paradoxical, because 'viable' communities are to be based on the free solidarity of citizens. But we should acknowledge that this paradox is inevitable. The point to be stressed is that 'power is too scarce' here.
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© 2011 The Japan Association of Legal Philosophy
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