Chapter 13: Post-Populism Legislation: Criminal Policy in Japan Since The 2010s

Purpose: In the context of Japan, where criminal legislation has traditionally been the preserve of experts, I will examine how media discourse, as one of the populist elements of legislation, has had an impact on the drafting of criminal law since the 2010s.

Methodology/approach: This chapter uses transcript data from Houseishingikai (the Legislative Council of the Japanese Ministry of Justice), which is responsible for substantive deliberations on amendments in Japan. Using discourse analysis methods, I will analyze three cases of criminal legislation that have occurred since 2010.

Findings: In the examined cases of Houseishingikai, media discourse is observed to influence the content of bills. The media discourse that expresses empathy for the victims of crime is consequential in reflecting punitive sentiments in society, but the opinions of the parties involved or the experts take precedence over the media discourse when it comes to the investigation process or the situation of sexual abuse. In addition, its influence is also affected by the way in which the Council works, including the setting of agendas.

Originality/value: This chapter examines the influence of media culture on lawmaking by focusing on legal content, in contrast to previous research on populism that has focused on the political actions of politicians, bureaucrats, or interest groups. It also provides strategies for resisting populism through legal expertise, based on the examined cases in Japan.