The purpose of this thesis is two-fold – first of all, it aims to examine the extent to which the concepts of norm diffusion as conceptualized by NPE theory are capable of explaining the lackluster...Show moreThe purpose of this thesis is two-fold – first of all, it aims to examine the extent to which the concepts of norm diffusion as conceptualized by NPE theory are capable of explaining the lackluster diffusion of abolitionist norms due to the comparatively “low political salience” within the relationship (Bacon, Mayer, & Nakamura, 2016, p. 108). Secondly, this thesis examines the normative roles of both the EU and Japan, analyzes the justifiability cultural relativism of ‘universalist’ norms propagated actors such as the EU and both the intended and unintended consequences of secrecy in effective norm diffusion.Show less
In the 1972 the death penalty was briefly abolished by the Supreme Court case Furman v. Georgia, before swiftly being reintroduced by the Supreme Court in the case Gregg v. Georgia. This thesis...Show moreIn the 1972 the death penalty was briefly abolished by the Supreme Court case Furman v. Georgia, before swiftly being reintroduced by the Supreme Court in the case Gregg v. Georgia. This thesis argues that in both cases the Supreme Court wanted to protect the states’ autonomy to decide over their criminal justice repertoire, including the death penalty. As a result, the 1972 abolition was easily overruled by the Gregg case that caused the reintroduction. For these cases, states’ rights was a central issue, and both cases could be seen as an early adoption of the 1980s legal philosophy of New Federalism, in which more power was granted to the states that had initially been the responsibility of the federal government. These cases provide a clear look into the issue of states’ rights and their link to Supreme Court challenges during 1970s America.Show less
This thesis analyzes and discusses the Japanese penal system and capital punishment, with its main focus being on the reasoning of the Japanese public to support the practice. It uses the works of...Show moreThis thesis analyzes and discusses the Japanese penal system and capital punishment, with its main focus being on the reasoning of the Japanese public to support the practice. It uses the works of Durkheim and Foucault as a theoretical framework and analyzes a public survey held among Japanese citizens in 2018 on the retention of the death penalty in order to shed more light on the reasons behind retention.Show less
