Writing 

How have historical and cultural practices affected the creation of laws on paedophilia in Japan?

Introduction

Paedophilia is defined as “a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children” (Seto). The cut-off point for prepubescence is globally understood as thirteen, and the victim must be “at least five years younger than the perpetrator for the attraction to be diagnosed as paedophilia” (Gavin). A large number of paedophiles are never identified because they never act on their fantasies. However, we will be focusing on those who are a threat to young children as they commit acts of sexual harassment. Most nations have laws that protect citizens against this occurrence, whether that be through a penal institution or therapy. The perception of paedophilia in the country’s culture has been proven to largely influence the laws implemented. Japan, on the other hand, is an anomaly; their paedophilic culture is thriving and somehow avoiding legal action. It is important to understand where the basis of these consequences have stemmed from to ensure that we are reacting to the issue as effectively as possible whilst refraining from making mistakes that have potentially been made in the past. With disorders that can be treated, a significant factor in managing behaviour is the patient’s culture and upbringing, accentuating the necessity to have research that is extensive and individualised to cultures. Japan is a country with lacking research on the topic because of the interesting integration of paedophilia in their culture, largely portrayed through media. To understand this phenomenon, historical databases will be analysed to attempt to bridge the gap in knowledge of the past and present. This style of hermeneutic research will answer the question of how history has affected the creation of laws on paedophilia in Japan.

Literature Review

Paedophilia being a taboo topic has made obtaining research difficult; however, the multiple studies that are available are crucial in understanding how paedophilia is manifested. This gives us useful insight into how consequences are created depending on different countries.  

Research concerning the root of paedophilia has varied. Mirjam Heine (2018) expressed the concern of socially isolating paedophiles as it is “the biggest factor” for them acting out. She highlights the negative repercussions of segregation, which is critical as it implies that there are avoidable causes to paedophilia. Despite this key understanding, Heine’s conclusions are limited in its applications as she suggests that paedophilia is a single factor explanation, making it narrow-minded. It would have been more accurate to consider the multitude of elements that contribute to paedophilia before proposing a solution, which is what David Finkelhor and Sharon Araji (1986) did. They established a four-factor explanation which summarizes multiple theories: emotional congruence (why the adult has an emotional need to relate to a child), sexual arousal (why the adult could become sexually aroused by a child), blockage (why alternative sources of sexual and emotional gratification are not available), and disinhibition (why the adult is deterred from such an interest by normal prohibitions). This research is pivotal as it includes a full range of theories, emphasising the diversity of pedophilic behaviour. With this more complicated model, individual psychological and socio-cultural factors are considered, making it more applicable to understanding the root and its influence on the severity of punishment today.

With that being said, the implementation of laws has varied by country based on their own cultural practices. In the United States, there is a law against the sexual exploitation of children under chapter 110, section 2251 of the US Code (Legal Information Institute). According to Morrison et al. (1994), assessment is a necessary procedure that begins “when abuse is suspected or detected and beyond as long-term follow-up takes place”. This method of approaching issues allows for consequences such as treatment post-captivity to help rehabilitate offenders; paedophilia is seen as a mental disability that can be managed by the official authority. Overall, it would be more accurate to have this exploration redone on a closer date as the United States has changed both politically and culturally since it has been written, however, the underlying concept remains congruent. This study was an elaborate analysis of the effect of said consequences with sources including Prochaska and Di Clemente’s model of change, and Finkelhor’s four-factor explanation (as previously mentioned). Furthermore, it was done by a multidisciplinary group of distinguished practitioners making this research essential for identifying how paedophilia is handled in the United States specifically, which is useful to use as a comparison to other nations. As a country with the resources to invest in research allowing for the understanding of the repercussions of inappropriate interactions with a prepubescent child, the culture has evolved to form a diversion towards paedophilic behaviour.  

On the other hand, middle-eastern countries such as Afghanistan do not have laws implemented primarily due to the religious influence on the country. Samual V. Jones (2015) highlights the fact that paedophilia is evident in the form of boy sex slavery, also known as bacha bazi. This paper outlines the fact that it has “evolved into a constitutive and central figure of the Islamic Republic of Afghanistan” as it  foundations lay in both religious loopholes and the power from wealth disparities. When relating it to the theories suggested by Finkelhor and Araji, the idea of blockage is evident, as the laws in Afghanistan forbid men to openly communicate with women, which is why male sexuality is often focused on boys. This is vital information as it emphasises the fact that socio-cultural factors arguably play the most considerable role in the creation of consequences. Despite failing to elaborate on the history of Afghanistan, it is implied throughout the text. However, it would be beneficial if it elaborated. Both this study by Jones and Morrison et al. articulate the key point that paedophilia varies based on the country because of the different cultural practices.

With multiple countries having research on paedophilia, it is apparent that the perception of paedophilia heavily influences the consequences one would receive in the given country. Japan’s culture has an interesting and almost unexplored perspective towards paedophilia; the juxtaposition of a shy, collectivist society with an unspoken acceptance of erotic behaviour is a confusing perception for psychologists to understand.

Methodology

I will be following the steps of a hermeneutic spiral; refer to figure one for a visual representation of my process. This style of research includes continually revisiting pieces of literature, concepts, and perspectives in order to ensure that I comprehend a “whole by grasping its parts” (Crotty). The objective is to gain a growing understanding whilst acknowledging any potential biases. Importance can be found within this style of research as it emphasises historical sensitivity through hermeneutic consciousness, which is grasping the idea that we are shaped from history (McCaffrey). Fusion’s of horizons refers to the coming together of the “historical horizon of the past and the present horizon of the current interpreter” in order to connect the familiar to the unfamiliar (Gadamer). In this context, the historical horizon is the information found in literature relating to the history of Japanese culture, and the present horizon is material found in literature regarding the current laws against paedophilia, as well as other forms of media that insinuate the culture of paedophilia in Japan. Both horizons will be in the form of qualitative data from historical recounts and legal documents. Overall, the goal is to bridge the gap in knowledge to theoretically explain how one horizon transformed into the other, or more specifically speaking, how historical and cultural practices affected the creation of laws on paedophilia in Japan.

Figure 1: Hermeneutic Spiral

For reference, the contents of spiral one can be found in the literature review; this includes documentation to understand the concept of paedophilia and the rationale behind the generation of our primary research question. Spiral two and three can be found in the ‘Findings & Discussion’ section. Spiral four is in the ‘Conclusions’ section.

Findings & Discussion

Spiral 2 - Exploring horizons and dialogue with questions and answers

After seeking an interpretation from various forms of literature, including other papers, books, and articles, I have structured this research into twelve important sub-questions. The answers will be numbered according to figure 2.

1. What are Japan’s key historical eras?

2. What are the key characteristics of Japanese culture?

3. What are the ways in which a culture is manifested?

4. How has Japan’s culture become what it is today?

5. What are examples of key cultural transformations in Japan?

6. How has law become what it is today?

7. What are the current laws on paedophilia in Japan?

8. How is paedophilia evident in modern-day Japanese culture? (How do the Japanese view paedophilia?)

9. Do the laws in Japan mirror the culture towards paedophiles?

10. How are laws implemented in Japan?

11. How did Japanese law become what it is today?

12. Is there evidence of paedophilia in Japan historically?

Figure 2: 12 research sub-questions

1. Japan’s history is extensive with reports dating back to 300BC with the Jomon Period; the early Japanese were hunters and gatherers. The Yayoi period follows the Jomon Period from 300BC to 250AD which saw the introduction of rice agriculture. From 250 to 538, Japan is “more or less united” during the Kofun Period. Buddhism, Prince Shotoku’s Constitution of seventeen articles, and the Taika reform were all introduced during the Asuka Period from 538 to 710 (Clulow). The Nara Period saw the appointment of Nara being the first permanent capital, and then the capital moving to Nagaoka. The capital moves again to Heian (now formally known as Kyoto) during the Heian Period (794 to 1185), as well as the peak of Fujiwara power, the Taira clan taking over power, the Buddhist Jodo sect introduction, and the Minamoto clan putting an end to Taira supremacy in the Gempei War. From 1192 to 1333, the Zen sect was introduced, Minamoto Yoritomo is appointed as shogun and establishes a government in Kamakura, struggles between Kamakura and Kyoto end with the Jokyu disturbance, the Joei Shikimoku (a legal code) is publicized, The Mongols try to invade Japan twice and fail, and the Kamakura government fall; this was called the Kamakura Period. The Muromachi Period, occurring from 1338 to 1573, saw the Kemmu Restoration, Ashikaga Takauji capturing Kyoto, the Emporer establishing Southern court in Yoshino, unification of the Southern and Northern courts, the Onin war, the introduction of firearms and Christianity, and the fall of the Muromachi government. From 1573 to 1603, the Takeda clan is defeated in the battle of Nagashino, Nobunaga is murdered, Hideyoshi (successor of Nobunaga) confiscates weapons on a “Sword Hunt” from farmers and religious institutions, the fall of Odawara results in Japan being reunited, Japan unsuccessfully invades Korea, the death of Hideyoshi, and the defeat of Tokugawa Ieyasu rivals, Sekigahara. This was the Azuchi-Momoyama Period (Tsurumi). The Edo Period followed (from 1603 to 1868) which is where Ieyasu is appointed as shogun and establishes Tokugawa government in Edo (now known as Tokyo). Furthermore, the Toyotomi clan is destroyed after the Osaka Castle is captured by Ieyasu, Japan becomes isolated from the world except for the strict trade with Korea, China, the Netherlands, the Ryukyu Kingdom, and the Ainu, the Genroku era erupts where popular culture flourishes, the Russians unsuccessfully try to establish trade relations with Japan, and Commodore Matthew Perry forced the Japanese government to open ports for trade during this time (Borton). Following that was the Meiji Period from 1868 to 1912 where the Meiji Restoration occurred, the capital moved to Tokyo, the first railway was built between Tokyo and Yokohama, as well as the Sino-Japanese and Russo-Japanese Wars, the Annexation of Korea, and the death of Emperor Meiji (Bestor). From then until the present we’ve had what’s more formally known as the Taisho period, the Showa Period and the Heisei Period (which Japan is currently in). Key events include Japan’s participation in WW1, the Manchurian Incident, the second Sino-Japanese War, the Pacific War, Japan’s surrender after the atomic bombing, the promulgation of a new constitution, the end of the Allied Occupation, becoming a member of the UN, the normalization of relations with China, and the burst of the Bubble Economy (Ong).

1. Cultures are distinguishable from each other based on key characteristics. In order to identify key characteristics of Japan, we need to look at what contributes to defining a culture. The “seven elements of culture” are social organization, customs and traditions, language, arts and literature, religion, forms of government, and economic systems (Prahlad). Although these can be difficult to summarize, Japan’s geographical location makes their unique culture very homogenous since they lack in migration.

Japan’s social organization is defined as collectivist; despite being considered autonomous from birth, there is a high emphasis on social interdependence. Public responsibility is the largest priority in this culture, and keeping emotions private is highly commended. Historically, a variety of family forms have existed (Gerlach). Patrilocality dominated amidst the samurai class during the feudal period, the opposite of the Heian elite who practiced matrilocal customs. Although there were lots of structural shifts, the goal has remained stagnant since the Tokugawa period, which is for family continuity in order to enrich estates and to convey appreciation to ancestors. The promulgation of the Domestic Relations and Inheritance Law in 1898 played a large role in defining the ie household system because of the rigid controls which required individuals to register in an official family registry. Since this system held a preference of inheritance by the first son, it dampened the development of women’s rights and individualism, as well as emphasized patriarchy (Dolan). Although this is still the system on paper, official statistics indicate that Japanese families have diverged since World War II with movement away from the three-generation ie family model (Worden).

Japanese worldview is eclectic largely due to the highly secular nature of their society. They are characterized to be pragmatic, meaning that the “technique may be less important than the results”. Shinto, the indigenous religion of Japan, is seen as the base of this belief. Confucianism from China contributed to the introduction of loyalty and hierarchy, and then Taoism emphasized order within a system of government. Buddhism brought art and temples, and finally, Christianity is associated with the infusion of Western ideas (Hall).

1. Culture is seen as “the growth of a group identity fostered by social patterns specific to the group” (Meister). Cultural differences “manifest themselves in different ways and differing levels of depth” (Hofstede). These layers are called symbols, heroes, rituals, and values going from most superficial to deep-rooted manifestations respectively. Symbols are objects that represent meaning which is recognized by those who share the same culture. Heroes are idyllic individuals who serve as models for behaviour. Rituals are defined as collective goals or activities. The core of culture, value, is the inferred method of behaviour under different circumstances.

Figure 3: Visual Representation of Cultural Manifestations

The further outside the circle you go, the higher the probability for change. Symbols, heroes, and rituals can be altered and are usually visually observable through practices. However, values “remain unconscious to those who hold them”, therefore they are unlikely to convert.

These changes can happen due to multiple different scenarios; the most prominent influence is borrowing from other groups, or more formally known as cultural diffusion (Li).

1. Japan being an island country has meant that it is not undergoing as much cultural borrowing as neighbouring continental countries. However, this forced the Japanese “culture to breathe a deep breath [and swallow] other cultures in one gulp and then shutting its mouth” (Kato). Using the social organism theory, which is viewing society as a living organism to help explain a phenomenon, Japan is said to have a rhythm of breathing in deep and sudden breaths where a foreign concept is integrated as a great idea and then quickly reduced in importance.

1. According to Kato and Hori, there are three key periods of time throughout Japan’s history of cultural borrowing; the sixth/seventh centuries, the sixteenth century, and the mid-nineteenth century.

During approximately the sixth and seventh century, a multitude of events happened which shaped Japanese culture. Buddhism was introduced in 538, the “dispatch of a delegation to China” happened in 607, the “Taika Reforms” were applied four years later, as well as the “inauguration of Empress Suiko”. Furthermore, an important historical figure, Prince Shotoku, a major Asuka ruler and considered “the father of Japanese Buddhism” entered society during this era (Hays). This first borrowing originated mostly from Southeast Asian countries.

Around one thousand years after the first cultural diffusion, the second one occurred during the sixteenth century. The first gun was brought to Tanegashima Island in 1543 near the end of the civil wars in Japan which catalyzed the reorganization of social and political systems. Nobunaga Oda was “the man at the centre of this transformation”; as a feudal lord who managed to change the game of battle with his “famous 3000-gun artillery”, he unified the country by emerging victorious from the Battle of Nagashino. The second borrowing took place from the Latin countries of Southern Europe.

The Meiji Restoration transpired during the mid-nineteenth century which is the third and final borrowing in Japan’s history so far. This is an important event as the country experienced significant political, economic and social change as they transformed from a feudal system to a cabinet system of government (Editor). Europe and the United States are the main areas responsible for this influence.

1. The evolution of law is closely connected to the development of other social constructs, such as civilisations. It is implied that law was a natural outcome of a society in order to regulate disputes in the most subjective manner, essentially making it a discovery rather than an invention. The first record of law dates back to 3000BC with the Ancient Egyptians (Theodorides). Since then, there has been significant law reform to “reflect the current values and needs of modern society” (Law). The perpetual process can be generalized to follow specific societal changes such as the change in social values (fundamental ideas we have as a whole), changes in morality (individual distinction between right and wrong), changes in ethics (similar to morality, however on a social level such as whether decisions are fair to all involved), changes in technology, or significant events.

1. “Sekushuaru harasumento”, the Japanese term for sexual harassment, did not become “part of commonly accepted language until 1989” (Efron). When speaking of laws specifically concerning Japan, paedophilia is addressed three separate times; child prostitution, child pornography, and child abuse. Despite having laws that address these crimes, they were only recently introduced, especially in comparison to the rest of the world. The National Laws on Labour, Social Security and Related Human Rights (NATLEX)’s act punishing undertakings related to “child prostitution and child pornography” has the objective to provide “appropriate protection to children”. Sections four to six regarding child prostitution were introduced in 2003, and sections six and seven regarding the solicitation and distribution of child pornography were only passed in 2014. However, the loophole in this legislation is within the final line which states that although pornography is banned under the obscenity code, it only counts if genitalia is explicitly shown. Furthermore, action is only taken if the act is specifically sexual intercourse with a minor, and not any other form of sexual harassment.     

1. Since the act of paedophilia is a crime, it is punishable by law which means that similarly to other illegal operations, paedophiles are hidden amongst the public. What makes Japan different however is the wide acceptance and almost idolization of paedophilic behaviour amongst young children. There are many symbols, heroes, and rituals that perpetuate paedophilic culture; examples of this include the “kawaii” phenomenon, “JK schoolgirls”, and animated manga (Galbraith).  

“Kawaii” is the Japanese culture of cuteness, which places an emphasis on anything childish or naive. This aesthetic is evident in popular characters such as ‘Hello Kitty’ and ‘Pikachu’. The basis of paedophilia in media is largely explained through this phenomenon, implying that it is simply an innocent attraction towards adorable figures (Ratner).

Paedophilia on media becomes more prevalent with child pornography in the form of manga, a Japanese graphic novel, and roleplay (Lent). Young girls are often paid large amounts to dress up like school girls, and comics display obscene images of often prepubescent children. There are many theories that have been suggested as to why Japanese men prefer younger women. Some state that some men feel “threatened by the adult woman” because they are “incapable of relating on an equal stance”, or that the work culture has cultivated negative mental health issues which results in the “fondness on their childhood”, leading to the extreme sexualisation of that pleasure (Lashomb).

1. Drawing from the answers from the previous two questions, it is clear that the laws are an attempt to meet global expectations of human rights but still allow for public entertainment. Therefore, to some extent, they do mirror the Japanese perception towards paedophilia.

1. Japan’s “sole law-making organ of the state” is the Diet; it is the “highest organ of state power”, with national politics centred around this constitution. It is a bicameral system with a House of Representatives and a House of Councillors. Memberships are chosen during elections in which citizens above the age of seventeen are able to participate. A bill is submitted to the Diet by the cabinet and it only passes into law after both houses approve it. Overall, the House of Representatives have higher authority and can override the House of Councillors in the event of a disagreement.

1. Japanese law developed from indigenous Japanese beliefs combined with Western attitudes. Before the Meiji Restoration in 1868, law developed independently and was highly focused on social responsibility and community. Fundamental changes occurred after influence from the Western world as Japan “sought to construct economic, political, and legal structure capable of commanding respect internationally, ending extraterritoriality, and preserving national independence” (Britannica). The Japanese Civil Code of 1896 refers to many legal systems across Europe with their final product most resembling the German Civil Code. In 1947, the revisions made incorporated more reflections of traditional Japanese attitudes accompanied by some from the United States as a result of the post World War II occupation. Since then, Japan has become a large global geopolitical presence with lots of external pressure to shift from an agricultural economy to an urban society, and the law and justice system has followed in this transition (Sampaolo).

1. Sexual abuse of children has been evident for centuries, with historians discovering members in elite households, such as King of France Louis XIII, mistreating children (Mintz). During the Ancient Greek and Roman times, it was a common occurrence, largely due to the lack of awareness towards its disadvantages. Japan is no exception; however, there is less public record of this in comparison to the west. It is important to note that there was no important emphasis on this because marriages in the past were only announced as an action for political and social reasons, rather than for pleasure. The only reason why the Japanese government introduced the lawful union of people was because their actions were viewed as immoral by Christian Europeans (Hays) .

On the grander scheme of things, paedophilia is a fairly new concept with the definition being widely accepted only during the 1800s (Mintz). Therefore objectively, it didn’t exist, but by our current definition, there is evidence littered throughout Japanese history of such behaviour.

Spiral 3 - Fusion of horizons

The data provided in the answers the twelve questions listed above underlined main themes such as history, evolution, and culture. From these themes, we can allude to three broader questions.

1

How has Japan adopted its current cultural characteristics?

2

How has Japanese law evolved, and what are the reasons behind the amendments?

3

How can we use what we know about the evolution of Japanese law and culture to explain why the laws on paedophilia are what they are today?

Figure 4: 3 broader research questions

These three questions are helpful to summarize the initial findings and will help structure the conclusion.  

Conclusions

Spiral 4 - Fusion of horizons; spiralling back to the whole

To address our original question, how have historical and cultural practices affected the creation of laws on paedophilia in Japan, it is essential to go back to the point that globally, although sexual abuse of children was always present, action to resolve this is only a recent phenomenon. It was only during the 1900s that the US discovered that harassment resulted in long-term trauma (Robertson). In summary, Japan’s geographical location resulted in a unique method of cultural evolution; their culture manifested completely independently with short bursts of influence from key points in history such as the Meiji Restoration and World War II. With that being said, the nature of cultural adaptations through cultural diffusion that happened throughout history suggest that the laws to combat paedophilia are to conform to global standards of human rights rather than as an ethical foundation of Japanese culture. Japan’s position on the global scale as well as the introduction of technology has begun influencing younger generations on the consequences of paedophilia, so we can anticipate a potential change in attitude in the future if they follow the trend of how their culture has evolved in the past.

Limitations

To complete a hermeneutic paper, there is a fifth spiral which involves critique and implemented feedback from other researches before the publication of the paper and the evaluation of the conclusions made. Since my access to resources is limited, I was unable to complete this stage, and it would be beneficial to do so in the future for more accurate results. Furthermore, I relied on resources available on free online databases, which restricted an abundance of information which could have altered my conclusion. With that being said, it would be useful to gather primary data from citizens who are living in that culture for increased credibility. To continue exploring this topic, I believe it would be beneficial to identify and understand the reasons behind the pedophilic culture in Japan in order to more accurately predict what could happen in the future.

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