For those familiar with Japan, the simple mention of the Yasukuni Shrine raises the specter of controversy. The Shrine is an edifice of the Meiji Era that sprung from humble beginnings into the site of international controversy. The shrine was originally created in 1879 to commemorate government soldiers killed in the Boshin War, but it has grown into a symbol of Japanese nationalism, militarism, and historical revisionism, which is controversial to many people within the pacifist culture in Japan, and to people in China, Korea and Taiwan.
Among those enshrined there today are those involved in military expansionism and war crimes. This includes fourteen Class-A war criminals who were secretly enshrined without public knowledge. There are, of course, many enshrined there who did not commit war crimes, but the cultural meaning of the shrine is itself controversial within Japan, which has become a culture deeply rooted in pacifism. Moreover, to many Koreans, Chinese, Taiwanese and others, visits to the shrine by high-ranking government officials is an offense. Visits to the shrine by government officials create an ethical and cultural struggle for many Japanese, who are surprised to learn of international reaction to the visits, and yet feel deeply committed to avoiding conflict.
Japan is a constitutional democracy, however, and whether or not visits to the Yasukuni Shrine by the government officials are offensive and ill advised, the question remains whether those visits are constitutional. Most courts to consider the question have held the visits are constitutional, but at least one court, the Osaka High Court, held the visits are unconstitutional. This talk explains why the Osaka High Court correctly interpreted the Japanese Constitution. Moreover, the talk addresses why this approach is consistent with the ethical commitments of many in Japan, who accept pacifism as part of the cultural dasein.
Frank S. Ravitch is Professor of Law and the Walter H. Stowers Chair in Law and Religion at the Michigan State University College of Law. He is the author of several books and has also published a number of law review articles addressing U.S. and Japanese constitutional law, law and religion, and civil rights law in leading journals. Moreover, he has written a number of amicus briefs addressing constitutional issues to the United States Supreme Court.
Professor Ravtich was a Keynote Speaker at the IAFOR Asian Conference on Ethics, Religion and Philosophy 2014 (ACERP2014).
You can find a video of this podcast below: