Memory Law in Japan: Legal Frameworks and Historical Narratives
"Memory law" refers to a body of legal norms and practices that seek to institutionalize the remembrance of historically significant events, with the aim of shaping and preserving the collective memory of a nation or its people. Prior studies have classified memory laws according to their functions or objectives, distinguishing between:
(a) Laws that stipulate criminal penalties for expression that deviates from the official interpretation of significant historical events, and
(b) Legal frameworks designed to preserve the memory of specific historical events without the imposition of criminal sanctions.
Subsequent research has further categorized memory laws into self-inculpatory and self-exculpatory types. Existing scholarship has primarily focused on the legitimacy of institutionalizing historical memory, the actors responsible for this process (e.g., legislatures, courts, historians, or society at large through the "marketplace of ideas"), as well as the methods used to establish official narratives.
The objective of this paper is to identify and analyze instances of memory law within Japan's legal system using the analytical frameworks developed in previous studies. Through this analysis, the paper seeks to offer insights into the future trajectory of memory law in Japan.