Recommended Citation

Daniel H. Foote, "Benevolent Paternalism" Revisited, 1 USALI East-West Studies (2021), https://digitalcommons.law.uw.edu/faculty-articles/990

Authors

Daniel H. Foote, University of Washington School of LawFollow

"Benevolent Paternalism" Revisited

Document Type

Article

Abstract

Nearly thirty years ago, in an article entitled “The Benevolent Paternalism of Japanese Criminal Justice” (Benevolent Paternalism), I sought to set out a model for the Japanese criminal justice system, the “benevolent paternalism” model. As the label reflects, I viewed the Japanese criminal justice system as consisting of two sides, a “paternalistic” side and a “benevolent” side. This essay begins with a short summary of the model; it then turns to an examination of major developments in the intervening three decades and considers whether the model remains relevant today.