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18 Emory Int'l L. Rev. 53 (2004)
The Remedy of Apology in Comparative and International Law: Self-Healing and Reconciliation

handle is hein.journals/emint18 and id is 59 raw text is: THE REMEDY OF APOLOGY IN COMPARATIVE
AND INTERNATIONAL LAW: SELF-HEALING AND
RECONCILIATION
Hilary K. Josephs*
PRtCIS
This Article explores the role of apology in both the
comparative and international context, building upon the
pioneering analysis of Hiroshi Wagatsuma and Arthur
Rosett. From their observation of Japanese and American
societies, Wagatsuma and Rosett theorize that apology
made with sincerity and commitment is an effective form of
dispute resolution     across cultures.      Lawsuits might be
avoided entirely if people apologize to those they have
wronged.1
This thesis is extended to the realm of international law
and international relations. Two judicial opinions, one by a
Japanese court and the other by the International Court of
Justice, are offered in support of the proposition that the
bombings of Hiroshima and Nagasaki constituted grave
violations of the     law   of armed     conflict.   This Article
proposes that the United States initiate a cycle of virtue
* Professor of Law, Syracuse University College of Law. This Article developed
out of a presentation at the Roundtable, Sharing Scholarship on East Asian Law,
Harvard Law School, May 16-18, 2003. This presentation was entitled Apology:
Here and There, Now and Then: Reflections on Wagatsuma & Rosett. The
Roundtable was convened by William Alford and Mark Ramseyer to honor Arthur
Rosett upon his retirement from the UCLA School of Law. This Article is dedicated
to Arthur for his kind mentoring of so many people in the Asian law field, myself
included.
In the preparation of this Article, I have received gracious assistance from the
following people (alphabetical by surname): Michiko Aoki, Hiroshi Asako, Rob Britt,
Daniel Foote, Fumio Ito, Bill McCloy, William Wiecek, Tomoki Yamabayashi, and
last but not least, Toshinori Yamada. As always, the Syracuse University Law
Library was unfailing in its support, for which I thank Alissa DiRubbo, Tom French,
Ted Holynski, Wendy Scott, and Eric Shute. My research assistants, M.T. Soltis and
Andy McNeil, were enthusiastic and resourceful. However, I alone am responsible
for any errors and the opinions expressed.
1 See Hiroshi Wagatsuma & Arthur Rosett, The Implications of Apology: Law
and Culture in Japan and the United States, 20 LAw & Soc'Y REV. 461, 487-88
(1986).

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