[KS] Zoom-Talk: “From Manners to Rules: Legalistic Governance and Secondhand Smoke Prevention in South Korea and Japan”

[Mosler, Hannes, Prof. Dr.]

Dear all,

“From Manners to Rules: Legalistic Governance and Secondhand Smoke Prevention in South Korea and Japan”

is the title of our upcoming Zoom-talk at the IN-EAST Research Forum at the University of Duisburg-Essen

delivered by Celeste Arrington (George Washington University)

on Wednesday, January 26, 17:00 - 18:00 (CET - Paris, Berlin, Duisburg time).

Please register here:
https://uni-due.zoom.us/meeting/register/u5wrfuuupjojHdEsML2qebOU_RvVxLEtd6ID

For the whole program of this winter semester's IN-EAST Research Forum, please see: https://www.uni-due.de/in-east/events/in-east_research_forum

Abstract
Japan and South Korea long had informal and bureaucratic approaches to law and regulation. Recently, however, they have adopted more legalistic modes of governance, characterized by formalized rules and enforcement mechanisms, and the role of law and courts in politics has grown. Most explanations of increasing legalism around the world are top-down, emphasizing politicians’ strategies to cope with electoral turnover or economic changes. While not wrong, they are incomplete. This paper makes a bottom-up argument: the activists and lawyers who bring issues before courts and seek statutes with formal rules and enforcement mechanisms are also contributing to increasingly legalistic governance, altering options for democratic participation.
Through a paired comparison of tightening smoking restrictions in Japan and Korea, this paper illustrates the causal mechanisms linking activism to increased legalism. Whereas both countries previously depended on nonsmokers’ tolerance and smokers’ etiquette, reforms include more detailed rules and fines for rule-breakers. Drawing on original interviews and qualitative analysis of policy deliberations, advocacy organization documents, news coverage, legislation, and Japanese and Korean scholarship, I trace how domestic reform advocates promoted legalistic governance by disseminating high-quality research, using litigation to expose weaknesses in existing laws, reframing secondhand smoke, and leveraging transnational and domestics networks built in the context of the Framework Convention on Tobacco Control and the campaign for smoke-free Olympics. By uncovering bottom-up drivers of legalism and the mechanisms through which societal actors influence legal style, this paper contributes to broader scholarship on varieties of legalism, policy diffusion, and the judicialization of politics.

Best regards,
Hannes Mosler


Prof. Dr. Hannes B. Mosler

Universität Duisburg-Essen

Institut für Politikwissenschaft (IfP)

Institute of East Asian Studies (IN-EAST)

LE 713 - Forsthausweg 2

47057 Duisburg


Tel ++49 (0)203 37 9-2249


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