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Japanese Law and Government/Government

Historical background
Written Japanese history began in the 700s AD, but the history of modern government in Japan has two distinct watersheds: the Meiji Restoration of 1868 and the occupation following World War II, from 1945 to 1952. To understand Japanese government it is necessary to summarize the history of the country during this long period, focusing upon the two great watershed events.

Pre-Meiji Japan
For all of its recorded history, Japan has been headed, in one form or another, by an emperor or tenno (天皇), in an Imperial line that has allegedly remained unbroken from prehistory (660 BC, by Japanese mythology) to the present day. While the emperor ruled absolutely in early Japanese history, the power of the Imperial household declined around the 8th century AD, with the rise of powerful warrior houses and the dismantling of the Emperor's army.

From that era until 1868, Japan followed a feudal model of government, in which powerful warlords called daimyo (大名) ruled fiefs called kuni (国). Although the daimyo had practical power over the country, the Emperor was considered a living god in Japanese religion, and therefore had de jure status as the ruler of the nation from his palace in Kyoto, despite having little practical power.

Starting around the 1100s, the soldiers called samurai (侍) began to dominate society, emerging as a noble class at the top of the social hierarchy. In 1185, the Minamoto samurai family fought their way to dominate other clans and established the first military government or bakufu (幕府) of Japan in present-day Kamakura. The leader of the bakufu was called the shogun (将軍), and bakufu is often referred to in English as "shogunate."

After a civil war in the late 1500s, a second bakufu led by the Tokugawa family was established in present-day Tokyo. Under the Tokugawa shogunate, Japan retained its feudal structure but adopted a more centralized form of government than it had previously known. One of the key actions of the Tokugawa government was to banish all foreigners from Japan and close the country to all foreign trade in the early 1600s, save for a tiny Dutch trading post in Nagasaki. This period of isolation ended in 1854, when U.S. Commodore Matthew Perry successfully forced Japan to reopen its doors to trade. Once the technological disparity between the West and Japan became apparent to Japanese leaders, many sought to end the shogunate and modernize the country.

Meiji and Taisho-era government
In the Meiji Restoration, a group of samurai forced the shogun to resign, took the boy Emperor Meiji from his palace in Kyoto to the shogun's castle in Tokyo, installed the Emperor as the new head of the Japanese government, and defeated the armies still loyal to the shogun, effecting a total revolution in Japan.

While Meiji himself was nominally the ruler of Japan, his advisors had practical control over the country. They promised to give Japan representative government, social equality, and industrial and technological advances from the West. The Emperor nationalized the fiefs of Japan between 1868 and 1871, consolidating them into prefectures; the daimyo were given noble rank and a share of their fief's output in exchange for relinquishing control.

Through several interim governments, one of the Emperor's advisers, Hirobumi Ito, was tasked with examining various governments in the West and adopting a new government model for Japan. He drafted a constitution modeled after the German government, which was adopted in 1889. Although Japan now officially had a bicameral parliament and a court system, de facto control over the government was still firmly in the hands of the Emperor's advisors. This centralization of control continued during Japan's period of rapid industrial and military growth, lasting until the end of World War II.

World War II and the Occupation
One of the principal figures in postwar Japanese legal history is U.S. General Douglas MacArthur. After Japan's total defeat in 1945, MacArthur moved to Tokyo, took charge of the Allied occupation of Japan and began imposing a wide range of legal and political reforms. Overall, these reforms were aimed at pacifying and democratizing Japan.

The current constitution was drafted by MacArthur's staff, adopted by the Japanese leadership, and took effect in 1947. This constitution established Japan's current form of government and enshrined a number of political rights that had not previously been recognized, such as freedom of speech. MacArthur also ordered the nobility disbanded, broke up financial conglomerates called zaibatsu (財閥) that had previously dominated the economy, and pushed for a number of legal reforms, such as new corporate laws.

Since the end of the occupation in 1952, the overall model of the Japanese government has remained relatively unchanged, although many specific components of the system have been altered over the years to meet economic, political and social demands.

The Emperor
The Emperor is Japan's head of state, but under the 1947 constitution, has very little practical role in the Japanese government. He is responsible for convening the National Diet, for appointing the Prime Minister and Chief Justice, and for other ceremonial tasks. To reinforce the Emperor's subservience to the people, he is governed by the Imperial Household Law of 1947, a law passed and adopted by the Diet.

The Imperial Household Law is chiefly important in that it establishes rules for succession. Under Articles 1 and 2 of the Law, all Emperors must be male and a female is ineligible to inherit the throne. Historically, there have been several female Emperors, and currently, there are no male heirs capable of inheriting the throne more than two or three decades into the future. This has led to ongoing debate in Japan over whether to revise the law to permit females to inherit the throne.

Rights of the Emperor
Because of the Emperor's special constitutional status, his civil rights are limited in comparison to ordinary citizens. He does not have the right to bring suit in court (Supreme Court, Nov 20 1989), nor does he have the right to vote or travel freely.

The National Diet
The National Diet or Kokkai (国会) is the legislature of Japan. It functions similarly to a parliament in the Westminster model, as it is bicameral, and the lower house majority forms the government. However, it also resembles the American congressional model in that the upper house is elected, and both houses must generally consent to pass legislation.

The lower house is the House of Representatives or Shugiin (衆議院).

The upper house is the House of Councillors or Sangiin (参議院).

The Cabinet
The Cabinet (内閣 naikaku) is the executive arm of the national government. It is comprised of Ministers of State (国務大臣 kokumu daijin) headed by a Prime Minister (formally 内閣総理大臣 naikaku sori daijin; informally 首相 shusho). The Prime Minister is nominated by resolution of the Diet and appointed by command of the Emperor; the Prime Minister then elects the Ministers of State to form the Cabinet. The Prime Minister may remove and appoint Cabinet members at any time. (Constitution, Articles 6, 66, 67 and 68)

The Prime Minister must be a member of the Diet, and at least a majority of the Ministers of State must also be members of the Diet (Articles 67-68). All members of the cabinet must also be civilians (文民 bunmin) (Article 66[2]), which is generally interpreted to exclude former members of the Imperial military and both former and current members of the Self-Defense Forces.

Legislative process
The Japanese lawmaking process is generally as follows:

 * Proposals for new laws are sent to the Cabinet by ministries, agencies, Diet members, organizations, etc.
 * For complicated matters, the Cabinet will often appoint a special committee.
 * Either the Cabinet or its special committee refers the matter to affected ministries for input.
 * The committee and ministry reports are reviewed by the Cabinet Legislation Bureau, which drafts a bill.
 * The bill goes to the government's (i.e. the ruling party/coalition's) political committee, which finalizes it.
 * The Prime Minister places the bill on the Diet floor for debate (Cabinet Law, Article 5).
 * Both houses of the Diet vote to approve the bill.
 * The Prime Minister and relevant Minister(s) of State countersign the bill (Constitution, Article 74).
 * The Emperor seals the bill, and it becomes law.

Article 15
The most fundamental provisions governing all Japanese elections are found in Article 15 of the Constitution.

2) All public officials are servants of the whole community and not of any group thereof. 3) Universal adult suffrage is guaranteed with regard to the election of public officials. 4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
 * Article 15: The people have the inalienable right to choose their public officials and to dismiss them.

Article 15 has been clarified by judicial precedent as follows:

 * Labor unions may not penalize members for disregarding political endorsements. (Grand Bench, Dec 4 1968)
 * The government has a responsibility to enable all citizens to vote, even if they are physically located outside of Japan. (Grand Bench, Sep 14 2005)
 * Proportional representation and first-past-the-post voting are equally permissible to satisfy the right to choose public officials. (Grand Bench, Nov 10 1999)

The Diet
The houses of the Diet generally hold elections at separate times.

Members of the House of Councillors (upper house) serve for six years; there is an election every three years in which one-half of the members are subject to re-election.

Members of the House of Representatives have a maximum term of four years, which may be ended at any time by a dissolution of the House. The Cabinet is generally accepted to have the legal authority to dissolve the House at any time, although there are several competing schools of constitutional thought regarding this question.

 * Article 69 theory holds that dissolution of the House may only take place when the House has voted for no confidence in the Cabinet under Article 69 of the Constitution. This is the only express constitutional grant of Cabinet authority to dissolve the House and is the narrowest reading possible of the document.
 * Article 65 theory holds that dissolution of the House is part of the general grant of executive power found in Article 65 of the Constitution. as it does not fall under legislative or judicial power.
 * Systemic theory holds that dissolution of the House is an inherent feature of the parliamentary system as it is generally employed throughout the world.
 * Article 7 theory stems from the enumerated ability of the Emperor to dissolve the House (Article 7[3]). The Emperor must generally act with the advice and consent of the Cabinet in affairs of state (Article 3), and therefore the Cabinet is viewed to have the ability to force the Emperor's hand in dissolving the House.

Entities
From a legal personhood perspective, there are three types of government entity (gyosei shutai) in Japan:

 * The nation (kuni)
 * Local autonomous entities (chiho kokyo dantai) - prefectures, cities, towns, villages and other territorial entities
 * Independent administrative corporations (dokuritsu gyosei hojin)

The nation and the various local entities are further subdivided into administrative organs (gyosei cho). At the national level, these take the form of ministries, agencies and committees. The upper-level organs of the national bureaucracy are:

 * National Personnel Authority or Jinji in(人事院)
 * Cabinet Office or Naikaku fu(内閣府)
 * Imperial Household Agency or Kunai cho(宮内庁)
 * Fair Trade Commission or Kosei torihiki iinkai(公正取引委員会)
 * National Public Safety Commission or Kokka kouan iinkai(国家公安委員会)
 * National Police Agency or Keisatsu cho(警察庁)
 * Financial Services Agency or Kinyu cho(金融庁)
 * Ministry of Internal Affairs and Communications or Soumu sho(総務省)
 * Environmental Dispute Coordination Commission or Kogaito chosei iinkai(公害等調整委員会)
 * Fire and Disaster Management Agency or Syobo cho(消防庁)
 * Ministry of Justice or Houmu sho(法務省)
 * Public Prosecutors Offices or Kensatsu cho(検察庁)
 * Public Security Intelligence Agency or Kouan chosa cho(公安調査庁)
 * Ministry of Foreign Affairs or Gaimu sho(外務省)
 * Ministry of Finance or Zaimu sho(財務省)
 * National Tax Agency or Kokuzei cho(国税庁)
 * Ministry of Education, Sports, Science and Technology or Mombu kagaku sho(文部科学省)
 * Agency for Cultural Affairs or Bunka cho(文化庁)
 * Ministry of Health, Labour and Welfare or Kosei rodo sho(厚生労働省)
 * Central Labour Relations Commission or chuo rodo iinkai(中央労働委員会)
 * Social Insurance Agency or Shakai hoken cho(社会保険庁)
 * Ministry of Agriculture, Forestry and Fisheries or Norin suisan sho(農林水産省)
 * Forestry Agency or Suisan cho(水産庁)
 * Fisheries Agency or Rinya cho(林野庁)
 * Ministry of Economy, Trade and Industry or Keizai sangyo sho(経済産業省)
 * Agency for National Resources and Energy or Shigen enerugi cho(資源エネルギー庁)
 * Patent Office or Tokkyo cho(特許庁)
 * Small and Medium Enterprise Agency or Chushokigyo cho(中小企業庁)
 * Ministry of Land, Infrastructure and Transport or Kokudo-kōtsū-shō(国土交通省)
 * Labour Relations Commission for Seafarers or Senin rodo iinkai(船員労働委員会)
 * Meteorological Agency or Kisho cho(気象庁)
 * Coast Guard or Kaijo hoan cho(海上保安庁)
 * Marine Accident Inquiry Agency or Kainan sinpan cho(海難審判庁)
 * Ministry of the Environment or Kankyou sho(環境省)
 * Ministry of Defense or Bouei sho(防衛省)
 * Joint Staff Office or Togo bakuryo kanbu(統合幕僚監部)
 * Defense Facilities Administration Agency or Bouei shisetsu cho(防衛施設庁)

National defense
Japan's national defense activities are legally restricted by Article 9 of the Constitution, which reads:

 * Article 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
 * 2. To accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

As a result, the military forces of Japan are officially known as "Self-Defense Forces," and equipment is generally named in a manner which connotes a purely defensive rather than offensive purpose.

Regulation
Bureaucratic regulation (gyosei rippo) comes in several types:

 * Binding regulations
 * Executive orders (shikko meirei)
 * Mandate orders (inin meirei)
 * Non-binding regulations
 * Directives (kunrei)
 * Circulars (tsutatsu)
 * Standards of review (shinsa kijun)
 * Administrative guidance (gyosei shido)

Administrative guidance
Administrative guidance is one of the most pervasive forms of government regulation. It generally consists of requests for voluntary cooperation from private actors where no law exists to compel such cooperation. It may take an assistive form (such as guidance concerning more productive farming techniques), or may take a restrictive form (such as guidance concerning pricing or environmental standards).

Article 32 of the Administrative Procedure Act sets forth three general principles governing the practice:

 * 1) Administrative guidance must not exceed the administrative scope of the agency or office issuing such guidance.
 * 2) Administrative guidance must be premised upon requiring the voluntary cooperation of the counterparty.
 * 3) Failure to follow administrative guidance must not be the basis for any detrimental treatment. In particular, if administrative guidance concerns the amendment or withdrawal of a government petition, and the counterparty refuses to follow such guidance, the government is required to halt guidance (Article 33).

The contents and responsible parties for any administrative guidance must also be made clear, and must be provided in writing upon demand.

Administrative guidance is not a binding administrative act and therefore is not invalidated by virtue of being illegal. However, damages incurred because of illegal administrative guidance may be the basis for a claim against the state under the State Compensation Act.

Administrative subrogation
Administrative subrogation (行政代執行 gyōsei daishikkō) is the ability of an administrative agency (or third-party delegate) to perform an administrative duty on behalf of a non-performing obligor. It is the standard procedure for enforcing administrative duties, and is generally governed by the Administrative Subrogation Act.

Administrative subrogation has several prerequisites, listed in Article 2 of the Act.
 * The duty in question must be directly ordered by law, or by an administrative agency acting under the law.
 * The duty must be one which could be discharged by a party other than the obligor.
 * The obligor must fail to perform the duty on their own.
 * There must be difficulty in securing performance through other means.
 * Waiver of performance must violate the public good.

The procedure of administrative subrogation is as follows:
 * 1) The administrative agency must provide a written warning to the obligor in advance, noting an appropriate deadline for performance and that subrogation will be ordered if that deadline is not met (Article 3.1).
 * 2) If the deadline is not met, the agency issues a subrogation warrant (代執行令書) which lists the deadline for subrogation, the name of the responsible party for the procedure and the estimated costs for the procedure. The warrant is then sent to the obligor (Article 3.2). This step may be bypassed if there is an urgent need to complete the procedure (Article 3.3).
 * 3) The responsible party may then go on-site. They must carry identification of their status and show it upon demand (Article 4).
 * 4) Costs of performance are borne by the obligor (Article 2) but must be clearly specified, along with a deadline for payment, in a written notice for the obligor (Article 5). If the obligor fails to pay, the agency may collect through two other means:
 * 5) * Collection through the national tax collection system (Article 6.1)
 * 6) * Lien against the obligor's property, which will rank junior to any national or regional tax liens (Article 6.2).

Other methods
Timely enforcement (即時強制 sokuji kyōsei) is used in situations where administrative law has been breached and immediate action is needed to correct the situation. An example would be a police officer taking a dangerously intoxicated person to the police station for sobering-up, or a fire brigade destroying buildings in order to contain a rapidly-spreading blaze.

Administrative penalties (行政罰 gyōsei batsu) may take the form of criminal penalties or small fines.

Information disclosure
The Act Regarding Disclosure of Information Held By Administrative Organs (行政機関の保有する情報の公開に関する法律), commonly known as the Information Disclosure Act (情報公開法 Jōhō kōkai hō), provides a system for demanding the disclosure of public documents.

Administrative appeals
The Administrative Appeal Act (行政不服審査法 Gyōsei fufuku shinsa-hō) provides for three types of appeal against administrative decisions:
 * 1) Objection (異議申立て igi mōshitate): filed against cabinet ministries and local government heads who have no direct overseeing entity
 * 2) Demand for review (審査請求 shinsa seikyū): filed against overseeing entities with regard to the acts (or failures to act) of entities under their supervision
 * 3) Demand for second review (再審査請求 sai-shinsa seikyū): appeal of a demand for review

An objection or demand for review must be filed within 60 days of receiving notice of the act in question, and within one year of the act itself (the one-year limit may be extended upon showing of cause). There is no time limit on filing appeal of an inaction. All substantive portions of these procedures are conducted in writing, although parties may be called to give oral testimony as part of the process.

An appeal petition does not ordinarily stop the government from continuing the act in question. In a demand for review, the overseeing entity may voluntarily order the deciding entity to suspend execution of its decision pending resolution of the appeal. This injunction may be issued unilaterally or at the request of the petitioner. An injunction must be granted by an overseeing entity if necessary to avoid grave harm to the petitioner as a result of the decision; however, if the injunction would cause major effects on the public welfare, the injunction may be withheld.

The response to an objection is called a decision (決定 kettei), and the response to a demand for review is called a ruling (裁決, saiketsu). In either case, there may be one of four results:

 * 1) Dismissal for procedural reasons (却下 kyakka) is decided when the appeal has procedural flaws, such as when it is provided in an incorrect format or outside the prescribed time frame.
 * 2) Dismissal on the merits (棄却 kikyaku) is decided when the appeal is procedurally sound, but when there is no factual reason to support the appeal.
 * 3) A circumstantial (事情 jijō) decision or ruling is issued where the appeal has merit, but where overturning the decision would cause major harm to the public. This has the same effect as dismissal on the merits.
 * 4) Otherwise, acceptance (認容 nin'yō) of the appeal is issued. Should the appeal be accepted, the act in question may be overturned in whole or in part and any past enforcement may be declared invalid (and the appellant restored to their pre-enforcement position). The act may also be amended to the extent necessary to make it legal. If an appeal of an inaction is accepted, the non-acting entity must act promptly following the acceptance of the appeal.

Administrative litigation
The Administrative Litigation Act (行政事件訴訟法 Gyōsei jiken soshō hō) governs lawsuits against the government. Such suits are brought in courts (i.e. the judiciary) rather than within the entity whose act is being appealed. The decision to appeal or litigate is generally voluntary, but certain special cases (such as tax-related claims) require that the administrative appeal process be completed before a court may hear the case. There are four types of administrative litigation:

 * 1) Appellate litigation (抗告訴訟　kōkoku soshō): Appeal of an unlawful use of government authority. Appellate litigation regarding an administrative act is time-barred if not brought within six months of becoming aware of the act in question, or one year following the act, whichever comes first. There are six sub-types:
 * 2) * Action to revoke a disposition
 * 3) * Action to revoke a decision
 * 4) * Action to confirm invalidity
 * 5) * Action to confirm illegality of an inaction
 * 6) * Action to establish a duty
 * 7) * Action to enjoin
 * 8) Ex parte litigation (当事者訴訟 tōjisha soshō): Resolution of a public law issue in the context of a private dispute. There are two sub-types:
 * 9) * De jure ex parte litigation: Confirmation of a legal relationship between the parties, e.g. a dispute over title to property as the result of an allegedly illegal expropriation.
 * 10) * De facto ex parte litigation: Litigation related to a legal relationship under public law, e.g. a dispute over the legality of the firing of a public servant.
 * 11) Popular litigation (民衆訴訟 minshū soshō): Action of affected individuals against the government, e.g. contesting an election result.
 * 12) Entity litigation (機関訴訟 kikan soshō): Litigation between administrative entities or organs, e.g. a dispute between a mayor and a city assembly.

Claims for damages
Japan also has a State Liability Act (国家賠償法) which allows aggrieved parties to claim damages against the government. Such claims are permitted in two instances:

 * Where a public official, acting in the course of exercising public authority, intentionally or negligently harms another person in violation of the law (Article 1). In an Article 1 case, the government may demand indemnification from the public official when the act was intentional or grossly negligent (Article 1.2).
 * Strict liability where a person is harmed due to defects in a road, waterway or other public structure (Article 2). The state may demand indemnification from another person responsible for the harm (Article 2.2). If the structure is owned and operated by different entities, each entity may be held liable (Article 3).

Aliens may also claim against the state under the Act, but only if a "reciprocal guarantee" (相互の保証) has been provided to Japanese nationals by the government of the alien plaintiff's home country (Article 6).

The judiciary
The judiciary is constitutionally responsible for conducting all final civil, criminal and administrative trials. Administrative entities may conduct initial reviews, but all decisions in such reviews are subject to review by the judiciary (Article 76).

Court system

 * Supreme Court or Saiko saibansho(最高裁判所)
 * High Courts or Koto saibansho(高等裁判所) (8)
 * District Courts or Chiho saibansho(地方裁判所) (50)
 * Summary Courts or Kani saibansho(簡易裁判所) (438)
 * Family Courts or Katei saibansho(家庭裁判所) (50)

The Constitution only provides for the Supreme Court, and delegates the task of establishing lower courts to the Diet.

The Chief Justice of the Supreme Court is appointed by the Emperor at the nomination of the Cabinet (Article 6.2). Other judges of the Supreme Court are appointed by the Cabinet with the certification of the Emperor (Article 79). Lower court judges are appointed by the Cabinet at the nomination of the Supreme Court (Article 80).

All judges are appointed for ten-year terms and are required to retire upon reaching the mandatory retirement age (Article 80).

Legal professions
Bengoshi (弁護士) are "attorneys at law." Like barristers in the British Commonwealth, they tend to specialize in appearing before courts, as this is the only field in which they hold a true monopoly. However, many bengoshi now have practices in corporate and commercial law as well, particularly in the major international law firms in Tokyo. Admission to the bar is very strictly regulated; the bar exam pass rate is generally kept between 2 and 3 percent, and the average bengoshi must take the exam six or seven times in order to pass (with only one sitting available per year). After taking the bar exam (generally following their bachelor's degree), bengoshi spend two years as Shiho shushusei (司法修習生); "law trainees" at the Legal Research and Training Institute (司法研修所) of the Supreme Court of Japan, where they are separated into Saiban kan (裁判官); "judge", Kensatsu kan (検察官); "public prosecutor" and private attorney tracks.

Gaikokuho jimu bengoshi (外国法事務弁護士), "gaiben" for short, are attorneys qualified to practice foreign law in Japan. While they may consult with clients, draft documents and provide legal advice on foreign law, they may not participate in domestic litigation or advise on domestic law. There is no examination to become a gaiben, but a gaiben must be admitted to a foreign bar and practice there for at least three years (one of which may be spent in Japan). Some are Japanese; others are foreign nationals, mostly from the US. As of October 2009, there are 314 gaiben in Japan, up from 139 in June 2000. Note that many foreign attorneys working in Japan do not register as gaiben; rather, they work in-house at corporations, as research and document specialists or simply practice without obtaining the qualification (the latter is technically illegal but not strictly enforced).

Shiho shoshi (司法書士) are "judicial document attorneys" who deal with a variety of legal documents for lawsults or land/enterprise registrations. They are generally considered to be slightly below bengoshi in status, but must pass an examination with a passage rate only slightly higher than the bar.

Zeirishi (税理士) are "tax accountants" who give advice on various tax matters.

Benrishi (弁理士) are "patent attorneys." They differ from most foreign concepts of patent attorneys in that they have no monopoly on patent filing (bengoshi may also file patents), and have limited powers to participate alongside bengoshi in patent hearings or litigations.

Gyosei shoshi (行政書士) are "administrative document attorneys," specializing in dealing with documents required by administrative laws (including immigration law) and filing documents for government ministries and agencies. They form one of the largest segments of the legal profession.

Koshonin (公証人) are "notaries," a tiny class of legal professionals with a monopoly on certifying various types of documents, such as articles of incorporation. Retired judges, prosecutors, and high-ranking civil servants often become koshonin.

Additionally, many companies have legal departments predominantly staffed by employees with an educational background in law, but no professional qualifications.

title: Japanese Law and Government/Government


text:
Japanese Law and Government/Local Government

Types of local government
Under the Local Autonomy Act, local public entities (chiho kokyo dantai) are categorized as follows:

 * Ordinary local public entities
 * Prefectures
 * Municipalities
 * Special local public entities
 * Special wards
 * Local public entity partnerships
 * Property districts
 * Regional development enterprises

Prefectures (to/do/fu/ken)
Japan is divided into 47 prefectures.

Most of the prefectures are called ken (県) in Japanese; for instance, Kanagawa Prefecture would be called Kanagawa-ken. There are four exceptions: Osaka-fu, Kyoto-fu, Hokkaido, and Tokyo-to. As a result, the prefectures are collectively referred to as to-do-fu-ken (都道府県).

Before World War II, different laws applied to fu and ken, but this distinction was abolished after the war, and the two types of prefecture are now functionally the same. Hokkaido differs from other prefectures only in that it has regional government offices which carry out functions normally reserved for the prefectural capital; this is due to Hokkaido's great size relative to other prefectures. Tokyo-to, called Tokyo Metropolis in English, is also only slightly different from the other prefectural governments in that it offers some municipal services to the 23 cities, known as tokubetsuku (特別区) or "special wards," forming its urban core.

Villages, towns and districts
Villages or mura (村) are the smallest type of municipality in Japan, and there are no legal requirements to be designated as a village. Prefectural governments may designate municipalities as towns or cho (町). Villages and towns are organized into rural districts called gun (郡) for addressing purposes, but these are not governing entities.

Villages and towns are distinguished from cities in that governance is through meetings called sokai (総会), comprised of all eligible voters within the town or village. However, villages and towns do elect a single head, known as a chocho (町長) in towns or soncho (村長) in villages.

Cities
The Minister of Land, Infrastructure and Transport may designate a villages or town as a city or shi (市) if its population exceeds 30,000; once designated as a city, a municipality is not generally demoted to village or town unless it is broken up.

Cities with more than 200,000 residents can become "special cities" or tokurei shi (特例市). Special cities have additional powers in pollution control, urban planning and outdoor advertising regulation, and receive their own insurance offices,

Cities with more than 300,000 residents, but not large enough to be designated, are given "core city" or chukaku shi (中核市) status. There are currently 36 core cities.

The largest cities in Japan, with populations of over 500,000, are classified as government designated cities or seirei shitei toshi (政令指定都市). As of 2006, fourteen cities have been given this status (Yokohama, Kawasaki, Saitama, Chiba, Shizuoka, Nagoya, Osaka, Kobe, Kyoto, Hiroshima, Kitakyushu, Fukuoka, Sendai and Sapporo), and another three cities (Sakai, Niigata and Hamamatsu) are scheduled to be designated as well.

Article 252 of the Local Autonomy Law gives designated cities additional powers in social welfare services for children, the elderly, the disabled, single mothers and others.

Designated cities are further subdivided into wards or ku (区). Wards are not considered to be local public entities (Article 281.1), and mainly exist to fulfill administrative functions of the largest city governments on a more localized level.

Relationship with prefectures
Municipalities and prefectures have separate, independent government structures. Municipalities are designed to provide most local government functions (Article 2.3) while prefectures are designed to provide functions for the larger area encompassing multiple municipalities (Article 2.5).

Municipalities must follow prefectural legislation, and any municipal act in violation of prefectural legislation is considered void (Article 2.16).

Special wards
The central core of Tokyo is divided into 23 "special wards" or tokubetsu ku (特別区). Despite the deceptive name, these "wards" are very similar to regular cities under Japanese law; in fact, all call themselves "cities" in English.

The ku name comes from the period before World War II when Tokyo was incorporated as a city. After the city was disbanded in 1943, most of its functions were passed down to the ku, while a few others were passed up to the prefectural or "metropolitan" government.

Assemblies
Each ordinary local public entity has an elected assembly (議会 gikai). In towns and villages, citizens may directly govern through a general assembly (総会 sokai) which has similar authority.

Ordinances
Local legislation takes the form of ordinances (条例 jorei). Ordinances have the force of law, but are subordinate to all nationwide law, including statutes, Cabinet orders and ministerial orders. Ordinance-based legislation is a right granted to local authorities under Article 94 of the Constitution, and its particular mechanics are set forth in the Local Autonomy Act.

Citizens have the ability to petition their mayor or governor to introduce a new ordinance or repeal an existing ordinance. Such a demand requires the signatures of no fewer than one fiftieth of the total voting population of the entity (Article 74.1).

The maximum penalties which may be imposed for violating an ordinance are two years of imprisonment and/or one million yen of fines (Article 14.3).

The executive
The head (governor or mayor) of a local public entity is elected by the residents of their entity for a term of four years (Article 140). They cannot concurrently serve as a national or local legislator (Article 141) or as an officer of an entity which contracts with the local public entity (Article 142).

The key duties of the head are set forth in Article 149:
 * 1) Submission of draft ordinances to the assembly
 * 2) Preparation and execution of budgets
 * 3) Collection of taxes, fines and other payments
 * 4) Review of accounting
 * 5) Acquisition, management and disposition of assets, including public facilities
 * 6) Retention of public documents
 * 7) Other administrative duties

The head may also enact regulations (規則 kisoku) related to their enumerated responsibilities. Regulations are subordinated to ordinances (and therefore to all national law), and the maximum penalty which may be imposed for violations is a fine of 50,000 yen (Article 15.2)

The head further retains reserve powers (専決処分 senketsu shobun) to act on the assembly's behalf in certain situations:
 * 1) When the assembly fails to be formed
 * 2) When the assembly cannot reach its required quorum
 * 3) When there is not enough time to convene the assembly in an emergency
 * 4) When the assembly fails to pass a resolution on a necessary action

Acts under these reserve powers must be reported to the next session of the assembly, and require the approval of the assembly at that time in order to remain valid (Article 179).

Commissions
All local governments also have a certain number of commissions (委員会 iinkai) which have responsibility for certain affairs.

Municipalities and prefectures always have the following four commissions:

 * Education Commission
 * Election Commission
 * Personnel Commission
 * Audit Commission

Other commissions are regularly found in prefectures and municipalities. Prefectures generally have a Public Safety Commission responsible for police oversight and a Labor Commission responsible for overseeing labor issues.

Veto power
The head of a local government has the ability to veto legislation and return it to the assembly in several circumstances (Article 166 et seq.). The head must veto legislation in the following circumstances:
 * 1) When legislation exceeds the authority of the assembly or otherwise violates national law or assembly rules
 * 2) When legislation cannot be executed (e.g. because of insufficient funds)
 * 3) When administrative, disaster prevention or disease prevention budgets are lowered or eliminated

The head also has discretionary veto power over the enactment or repeal of an ordinance, and over budgetary resolutions.

Following a veto, the assembly must again deliberate and approve the proposed legislation.

No confidence resolutions
The assembly conversely has the ability to vote no confidence in the head of the local government. Such a resolution requires the consent of three-fourths of the assembly, with a quorum of two-thirds present. Following such a resolution, the head of the government has a ten-day window to dissolve the assembly. Should the head fail to do so, the head is automatically removed from office at the end of this period (Article 178).

Citizen checks and balances
Citizens have several enumerated rights to petition local governments.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
A-level Computing 2009/ICT Projects using LAMP

A-level students of Computing and ICT are required to produce a substantial coursework project. The Linux, Apache, MySQL, PHP platform is a sound development platform for projects of this size.

This wikibook will lead you through the development of an A-level project using these tools and advise on the way to present the project for your examiners. The book will develop the example of a local video/DVD rental shop offering an on-line catalog and reservation system for use by its customers and staff. (This is just a thought - we could develop a different example, or even use a live solution off Sourceforge.net).

Proposed chapter titles:
 * /Setting up your XAMPP server/;
 * Downloading and installing systems (using rt as an example?);
 * Specifying the problem;
 * Possible solutions;
 * Selecting the best solution;
 * Designing in detail;
 * Building the database;
 * Implementing the PHP front end;
 * Testing;
 * Documenting your solution;
 * Evaluating your solution;
 * Possible problems for you to address.


text:
Japanese Law and Government/Commercial Law

The Commercial Code or Shoho (商法) is one of the Six Codes of Japan, and deals with the creation and operation of businesses. This chapter covers the 2005 revisions to the Commercial Code, including the New Company Law (新会社法 Shin-Kaisha-ho), most of which are effective May 1, 2006. All citations are to the Commercial Code unless indicated otherwise.

Scope
The Commercial Code principally applies to the operations of merchants (商人 shonin) and to commercial acts (商行為 shokoi) (Article 1).

Merchants
Merchants are defined in two classes: inherent merchants (固有の商人 koyu no shonin) and quasi-merchants (擬制商人 gisei shonin) (Article 4).

An inherent merchant must meet three criteria:
 * 1) A person; either a natural person or company.
 * 2) Engaging in commercial acts (defined below).
 * 3) Operating under their own name. This means that a company is a merchant, but directors and employees are not.

The "quasi-merchant" category is generally applied to farmers who sell their own produce, and to mining companies. Some other companies engaged in activities not strictly considered to be "commercial acts" may also become quasi-merchants by virtue of being organized as for-profit corporations.

Merchants are required to register various information with a local Legal Affairs Bureau (法務局 homukyoku) of the Ministry of Justice. Every business, for instance, must register its trade name, as well as the name and address of its owner and its manager. These registrations form a public record of the business called a tokibo (登記簿). Both individuals and companies must make registrations, although there are additional requirements for companies, detailed below.

Merchants have fairly broad leeway to choose their trade name (商号 shogo), with two major restrictions: companies must denote their legal classification in their trade name, and the trade name may not be identical to or closely resemble the trade name of another person.

Commercial acts
Commercial acts are defined as absolute commercial acts (絶対的商行為 zettaiteki shokoi), business commercial acts (営業的商行為 eigyoteki shokoi) or ancillary commercial acts (付属的商行為 fuzokuteki shokoi).

An absolute commercial act is one that is construed as a commercial act no matter who the actor(s) happen to be. There are four basic types (Article 501):
 * 1) Buying and selling
 * 2) Entering a contract for sale
 * 3) Exchanging at a market
 * 4) Acts related to instruments (commercial paper, invoices, etc.)

Business commercial acts are only commercial acts when they are engaged in continuously by a merchant. There are twelve basic types (Article 502):
 * 1) Renting of personal and real property
 * 2) Manufacturing and production
 * 3) Providing of electricity and gas
 * 4) Transportation
 * 5) Contracting for projects or labor
 * 6) Publishing, printing, and photography
 * 7) Operation of an inn, restaurant, or amusement facility
 * 8) Currency exchange and other banking transactions
 * 9) Insurance
 * 10) Accepting deposits
 * 11) Brokerage
 * 12) Acting as an agent in a commercial act

Any act a merchant undertakes in the course of business is construed as an ancillary commercial act (Article 503).

Agency
Agency may be contractual agency (締約代理商), where the agent enters a contract on the principal's behalf, or intermediary agency (媒介代理商), where the principal enters a contract with a party introduced by the agent.

The basic duties of an agent are:

 * to notify the principal of each transaction entered into on the principal's behalf (Article 27)
 * to refrain from engaging in the same line of business as the principal (Article 28.1)

Brokerage
Brokers (仲立人 nakadachi-nin) are defined as persons who engage as intermediaries for multiple merchants (Article 543). Brokers differ from intermediary agents in that they do not have a single principal; rather, they introduce two parties with whom they may have no formal contract at all, and then receive a commission on the final contract entered between the parties.

The basic duties of a broker are:

 * to keep custody of specimen copies used in the intermediating process (Article 545)
 * to prepare and provide to the parties a closing document (結約書 ketsuyakusho) containing the name and address of each party (Article 546)
 * to keep a record book containing the names and addresses of parties to each brokered transaction (Article 547)

Transportation
Transport by land and inland waterway is governed by commercial act provisions of the Commercial Code. The shipper (運送人 unsonin) must provide a bill of lading (貨物引換証 kabutsu hikikaesho) to the consignor (荷送人 niokurinin) at the consignor's request (Article 571). The bill of lading may be transferred to a third party by endorsement; the holder of the bill may accept the shipment or demand that shipment be stopped or that the shipped item be returned to sender (Article 578).

A separate chapter is dedicated to maritime transport (海商 kaisho). The Commercial Code has no special rules governing air transport.

Partnerships
Under the Commercial Code, there are four types of companies: gomei kaisha (合名会社), goshi kaisha (合資会社), godo kaisha (合同会社) and kabushiki kaisha (株式会社). All four are considered to be juridicial persons. [Until 2006, many businesses were set up as yugen kaisha (有限会社), a form of limited company modeled after the German GmbH; these businesses are now designated as special yugen kaisha (特例有限会社 tokurei yugen kaisha) and generally treated as kabushiki kaisha.]

The first three, discussed further in this section, are variants on the general concept of a partnership (組合 kumiai). The partners (社員 shain) form the company by contract and provide its capital.

A gomei kaisha is similar to a general partnership in English-speaking countries. If the company is unable to fulfill its debts, the partners are each individually responsible for satisfying those debts.

A goshi kaisha is similar to a limited partnership in English-speaking countries. In a goshi kaisha, at least one of the partners is a limited partner (有限責任社員 yugen sekinin shain). The limited partner(s) are not individually liable for the company's debts: they are only liable for the amount they invest.

A godo kaisha is similar to an American limited liability company. Each of the partners is a limited partner, only liable for the amount they invest. This is an important distinction between godo kaisha and other partnerships: creditors can only count on receiving the amount of capital paid into the company.

Small businesses are the most likely to be organized as partnerships; larger businesses are more likely to incorporate themselves as kabushiki kaisha.

Corporations (kabushiki kaisha)
The predominant form of company in Japan is the kabushiki kaisha, officially translated in English as "business corporation." Kabushiki kaisha are governed by the Company Law (会社法 Kaisha-ho) of 2005, which supersedes many Commercial Code provisions that previously applied to kabushiki kaisha. All citations in this section are to the Company Law.

Formation
Forming a kabushiki kaisha requires the services of at least one promoter (発起人 hokkinin). The general steps are as follows:

 * 1) The promoter prepares articles of incorporation (定款 teikan) and has them notarized.
 * 2) The company receives capital contributions. Usually, these are paid in cash to a bank or a trust company (Article 34.2). Property may also be given to the company in exchange for shares, but this generally requires a court-appointed appraiser to determine the fair value of the contribution (Article 33). As a general rule, at least one-fourth of the issuable shares must be issued at this time (Article 37.3) and the promoter must take at least one share. There are two separate procedures for issuing shares:
 * 3) * In an establishment by promoter (発起設立 hokki setsuritsu), the promoter receives all shares in exchange for their investment, and then appoints directors of the company directly (often in the text of the articles of incorporation).
 * 4) * In an establishment by offering (募集設立 boshu setsuritsu), the promoter receives at least one share, and offers remaining shares to third parties. The initial shareholders then hold an organizational meeting (創立総会 soritsu sokai ) to elect directors. If the promoter is to be the only shareholder, the promoter may do this individually (Article 25.1.1).
 * 5) The directors hold a board meeting and elect a representative director.
 * 6) The formation of the company is registered at the Legal Affairs Bureau, at which point the company is deemed to be legally formed (Article 49).

Articles of incorporation
Articles of incorporation must contain five elements (Article 27):

 * 1) The purpose of the company
 * 2) The trade name of the company
 * 3) The address of the head office
 * 4) The amount of capital initially paid into the company
 * 5) The promoter's name and address

Under the pre-2006 law, the number of issuable shares, number of shares to be issued, and method of public notice were also required in the articles of incorporation.

Structure
The basic actors in a kabushiki kaisha are:

 * Shareholders (株主 kabunushi) - elect directors and statutory auditors, and approve major transactions
 * Directors (取締役 torishimariyaku) - make decisions regarding company operations; elect representative directors
 * Representative directors (代表取締役 daihyo torishimariyaku) - represent the company and make executive decisions; most companies have one to three, but the number is theoretically unlimited
 * Statutory auditors (監査役 kansayaku) - monitor the actions of the directors

The number of directors and statutory auditors depends on the nature of the company.

Japanese companies do not usually have separate officers; the president (社長 shacho) is generally a representative director who supervises a number of department chiefs (部長 bucho).

Shareholder meetings
A shareholder meeting may be convened by:

 * 1) the representative director, with two weeks' prior notice to shareholders
 * 2) one or more shareholders who own three percent or more of the total number of shares outstanding, by demanding that the representative director call a meeting; if the director does not comply, a court can order a meeting (Article 297)
 * 3) all shareholders (Article 300)

Sokaiya
Some individuals, known as sokaiya (総会屋), purchase minor holdings in companies, and then extort money from the management by threatening to disrupt shareholder meetings with accusations of lewd behavior, questioning business judgment, etc.

Sokaiya activities have been criminalized under the Company Law. The maximum penalties are (Article 970):

 * 5 years in prison and/or ¥5,000,000 fine for sokaiya
 * 3 years in prison or ¥3,000,000 fine for executives or employees who pay a sokaiya

Sokaiya must also return any extorted amounts to the company (Article 120).

Share certificates
If a company issues share certificates, any transfer of shares prior to the issuance of the corresponding certificate(s) cannot be asserted against the company (Article 128.2).

商法


text:
Talk:Football (Soccer)

Doubts
Hello! I am the main leader of this book. If you have any questions or suggestions on this book, please you are most welcome to ask me. By the way for the leagues, please can anyone get/submit photos for the following:-

 * The FA (including Manchester United, Arsenal, Chelsea and Liverpool)
 * La Liga (LFP Logo)
 * French League Logo
 * German Bundesliga Logo

Please suggest which leagues and teams to take. I'm mostly confused as to what to choose!

Have a nice time!

Mastermind 007 13:31, 29 January 2006 (UTC)

I'm confused as to what you want a picture of. Their crests, players, stadiums?

Uni_bum

Please Support
Hello Everyone! I would like to thank all who are currently editing this Wikibook but I would be delighted if someone can edit the The Trophies And Cups & The History. Please support fdor The Game. --Mastermind 007 12:58, 5 February 2006 (UTC)

 * Hey Mastermind, I made a brief outline outline in The Trophies And Cups section. I know it's incomplete, but it's a start. I also added relevant links in The History. I figure editors can use that as a source of informaion. Nymos 00:23, 21 February 2006 (UTC)

title: Talk:Football (Soccer)


text:
User:Fishhead

'The Languages I Speak'

title: User:Fishhead


text:
Japanese Law and Government/Immigration Law

Citizenship
Japanese citizenship is generally governed by the Nationality Law of 1950.

Citizenship by birth
Japan is a jus sanguinis state, meaning that it recognizes citizenship by blood, not by birth (as is the case in the United States, Ireland and many other countries). Article 2 provides three situations in which a person can become a Japanese citizen at birth:

 * 1) When either parent is a Japanese citizen at the time of birth
 * 2) When the father dies before the birth and is a Japanese citizen at the time of death
 * 3) When the person is born on Japanese soil and both parents are unknown or stateless

These rules are very strictly applied, which often creates problems for unmarried non-Japanese mothers. In such cases, unless the Japanese father gives express recognition of paternity before the birth, the child is generally not recognized as a Japanese citizen.

Article 14 requires any person who holds dual citizenship to make a declaration of choice between the ages of twenty and twenty-two, in which they choose to renounce either their Japanese citizenship or their foreign citizenship. If they fail to do so, the Minister of Justice may demand a declaration of choice at any time, and if the citizen fails to make the declaration within one month, their Japanese citizenship is automatically revoked.

Naturalization
The criteria for naturalization are provided in Articles 4 through 10 of the Nationality Law:

 * 1) Continuous residence in Japan for five years or more
 * 2) At least 20 years old and otherwise legally competent
 * 3) History of good behavior generally, and no past history of seditious behavior
 * 4) Sufficient capital or skills, either personally or within family, to support oneself
 * 5) Stateless or willing to renounce foreign citizenship

The Minister of Justice must approve all applications for naturalization. Review of an application generally takes about one year.

In the past, the "good behavior" requirement has been used to deny or severely delay many naturalization applications, particularly from Chinese and Koreans. While it was previously an unwritten requirement to adopt a Japanese name upon naturalization, the Ministry of Justice no longer recommends this practice.

Entry and exit
The basic law governing entry to and exit from Japan is the Immigration Control and Refugee Recognition Act of 1951.

Visa procedures
Travel to Japan generally requires a visa. However, many countries have visa waiver programs with Japan which allow tourists to obtain short-term "temporary visitor" landing permission upon arrival in Japan. Immigration inspectors are also permitted to grant "special landing permission" in certain cases where a foreigner arrives in Japan without a visa, although such cases are infrequent.

Visas are only issued at diplomatic posts outside Japan. A person seeking a student or work visa is often issued a Certificate of Eligibility, a Ministry of Justice document certifying that the person has met the general requirements to obtain the visa. This Certificate does not constitute landing permission in itself; the holder must provide it to an embassy or consulate in order to obtain the visa, which generally takes two or three business days to process.

Once an alien arrives in Japan with a valid passport (and visa, if required), the immigration inspector at the port of entry will examine those documents and place a landing permission seal inside the passport.

Types of landing permission
The various types of landing permission are listed in the Immigration Control Law and further described in the Ministerial Ordinance of May 24, 1990. Generally, the type of landing permission is specified in a visa and officially granted upon arrival in Japan. A person can also have their landing permission extended or change to a different status by visiting an Immigration Office.

Non-working
The usual entry status for a tourist in Japan is temporary visitor. Temporary visitor permits are issued for either 15 or 90 days, depending on country of origin and purpose of visit.

Students who intend to enroll at accredited educational institutions are given landing permission for pre-college study (就学 shugaku, 6 months or 1 year) or college study (留学 ryugaku, 1 or 2 years). Students attending unaccredited institutions, such as many foreign-run schools in Japan, receive landing permission for cultural activities which is valid for 6 months to 1 year. College students are not initially permitted to work, but may receive permission to work up to 28 hours per week by filing with the Ministry of Justice.

Working permission
Work permits fall into a number of categories. Most are valid for 1 or 3 years, except for entertainer permits (valid for 3, 6 or 12 months) and diplomatic/NGO permits (valid for duration of post). An employer is generally necessary to serve as the applicant's guarantor; after landing, the applicant may work for any employer within the scope and duration of their landing permission.

Spouses and children
Spouses and dependent children of aliens permitted to land in Japan are given landing permission for the same duration as their spouse/parent.

Spouses and dependent children of Japanese nationals may receive landing permission for 1 or 3 years. Generally, initial landing permission is for one year, and is extended to three years upon the first or second renewal.

Long-term residency
Long-term residency is a special class of residency generally granted to refugees, Japanese descendants from overseas, and other particular groups.

Permanent residency
Permanent residency (永住権 eijuken) is the strongest form of landing permission, granting the bearer the right to live and work in Japan indefinitely. It must be applied for and obtained within Japan, generally after five to ten years of continuous residency there.

One major advantage of permanent residency is that financial institutions often deny loans to foreigners who are not permanent residents. This practice was upheld as legal in Herman v. Asahi Bank (Tokyo D. Ct. Nov. 12, 2001).

Alien registration
Once in Japan, aliens must register with the local government office having authority over their place of residence, pursuant to the Alien Registration Law of 1952. Each registrant is issued a Certificate of Alien Registration, colloquially known as a Gaijin Card, which they are legally required to carry at all times and present upon demand (e.g. by a police officer). The certificate is the property of the Japanese government and must be surrendered at the time the alien leaves Japan, unless they have first applied for re-entry.


text:
User talk:Li-sung

Transwiki
Thanks for transwiking Czech modules. --Derbeth talk 13:52, 29 January 2006 (UTC)

title: User talk:Li-sung


text:
User talk:213.244.194.97

Welcome to Wikibooks, collection of open-content textbooks! You don't have to log in to read or edit articles on Wikibooks, but creating an account is quick, free and non-intrusive, requires no personal information, and gives you many benefits, including:
 * The use of a username of your choice
 * The ability to view all your contributions via a "My contributions" link
 * Your own user page
 * Your own talk page which, if you choose, also allows users to send you messages without knowing your e-mail address
 * The use of your own personal watchlist to which you can add articles that interest you
 * The ability to rename pages
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 * The right to be heard in votes and elections
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We hope that you choose to become a Wikibooks and create an account. We hope you enjoy your time here on Wikibooks as a Wikibookian!--Derbeth talk 13:55, 29 January 2006 (UTC)

title: User talk:213.244.194.97


text:
User talk:Gubbubu

Transwiki
Thanks for marking transwikied page for deletion, but please don't blank them, just insert deletion notice on top. I have to check if I don't leave unused images before I delete a page. --Derbeth talk 14:03, 29 January 2006 (UTC)

Your wish is my command. Gubbubu 13:53, 30 January 2006 (UTC)

hu:User vita:Gubbubu

title: User talk:Gubbubu


text:
Talk:Anaesthesia/Basic Sciences

in development...

This WikiBook is intended to be an useful resource for trainee anaesthetists revising for the Primary FRCA (Fellow of Royal College of Anaesthetists), which is a British exam, but would also be useful for exams of other countries.

I first had the idea for a WikiBook when I myself was revising for the Primary FRCA. I had found that writing 'textbook' entries as Word documents from my own notes was an excellent way to revise, and because I pretended that I was writing for other people's consumption, I spent more time checking little details and I found it easier to memorise things.

Later, I used Wikipedia for background information on a multitude of topics including pharmacology and physiology, and thought the concept of free knowledge and editability was great. I read about WikiBooks and though that a WikiBook might be a way of sharing knowledge on Anaesthesia Basic Sciences for free, among all anaesthetists. I put the idea 'on the shelf' for when I had finished the exams, and now (having passed) here it is.

I invite all anaesthetists to add to and edit the following. Particularly welcome are additions and editing by people currently studying for, or recently passed, Royal College of Anaesthetists UK exams, as they are most likely to understand the requirements for the Primary FRCA.

Editing an entry is an excellent way to learn a piece of information forever!

Great idea, Marcus. Alan Hope, Gartnavel General Hospital, Glasgow, Jan 2006

title: Talk:Anaesthesia/Basic Sciences


text:
Clinical Anaesthesia

A wikibook for Clinical Anaesthesia. Readers with knowledge of the subject are encouraged to contribute.

 * Types of Anaesthesia
 * General Aanesthesia
 * Regional Anaesthesia
 * Local Anaesthesia
 * Sedation
 * Anaesthesia for Special conditions

Table of Contents

 * Pre-operative Care
 * 1) /Common Preop Medical Conditions/
 * 2) /Premedication Drugs/
 * 3) /Premedication Therapy/

 * Anesthesia Equipment
 * 1) /Anaesthetic machine check/
 * 2) /Vaporizers/
 * 3) /Invasive monitoring/

 * Induction of Anesthesia
 * 1) /Clinical aspects of Induction/
 * 2) /Airway problems/

 * Intra-operative Care
 * 1) /Blood loss/
 * 2) /Airway problems/
 * 3) /Cardiovascular Monitoring/
 * 4) /Preventing Awareness/

 * Post-operative Care
 * 1) /Laryngeal Spasm/
 * 2) /Postop Pain/
 * 3) /Nausea and Vomiting/

title: Clinical Anaesthesia


text:
Talk:Clinical Anaesthesia

Section created Jan 2006, Alan Hope, Gartnavel General Hospital, Glasgow

title: Talk:Clinical Anaesthesia


text: Template:User it

title: Template:User it


text:
Talk:Haskell/Continuation passing style

Here's everything I've written for this module so far, before running out of stamina:

Continuation passing style (CPS) in Haskell is, like monads, rather difficult to understand.

What makes a CPS value a CPS value is the fact that it takes an extra parameter, called a continuation. The continuation represents the function being applied to the value: the CPS value simply has to apply the continuation to the value within it. A very simple example:

cps3 cont = cont 3

The consequence of this taking a continuation is a biggie: the CPS value has access to the function being applied to it. This allows values to do weird things: for example, it's easy to make a value that ignores the continuation and returns a different value instead. This is similar to the Maybe monad, where Nothing has the effect of ignoring whatever functions are applied to its "contained value".

The type of a CPS value is simple:

(a -> r) -> r

Here,  represents the CPS value's "inner type". is the function applied to the CPS value, and  is of course the return type of this function.

Note that there is nothing preventing the CPS value from imposing restrictions on  as well as  ; a function like   can be used as a CPS value:

const 'a' :: (a -> Char) -> Char

Since  ignores any function passed to it, it doesn't matter what this function takes. However,  will always return a , so this must be the function's return type, to "disguise" the fact that the   is not being pulled from the continuation. This restriction is imposed by the fact that a CPS value has to return the same type as its continuation--even if the continuation is not used.

CPS values aren't often used alone: continuation passing style programming often contains them in great quantities. To make things easier to understand, there's a type with a data constructor that works on CPS values:

newtype Cont r a = Cont { runCont :: ((a -> r) -> r) }

Here  represents the restrictions on return type imposed by the CPS value, and   represents the value contained within the CPS value. The data constructor Cont turns a CPS value into a Cont value, and runCont turns it back again.

Adding  to   allows us to stitch together continuations: instance Monad (Cont r) where return a                =  Cont $ \k -> k a    (Cont c) >>= f           =  Cont $ \k -> c (\a -> runCont (f a) k) First of all, notice that , and not  , is being defined here as an instance of Monad. This is because it is what  is "applied" to that defines what's "contained within" the CPS value.

Now, it's not necessary to understand just what  does and how it does it. It just feeds a CPS value into a CPS function and returns a CPS value.

In case you're getting into the "gimme some CODE": we're getting there.

Now, we can define an  function. It is the same as the usage of  above, except making a   value rather than simply a CPS value.

exit x = Cont (const x)

Also, we'll make a  function that takes the value "inside" a   value and returns it:

finish x = runCont x id

This turns its  argument into a normal continuation, then applies it to , ending the computation.

Finally, we'll note that  acts as a "nop" in any do-block. Here's a basic example of division:

divide x y = finish (do if y == 0                          then exit (error "Division by zero")                           else return                          return (x / y))

This does seem very useless, but many imperative constructs can be simulated in the  monad.

This leaves the open question: how do I simulate the inarguably imperative monad that is ? Well,  is, in fact, the most general of the monads, in that any monadic value can be turned into a   monadic value and back again.

Looking again at the type of :

(>>=) :: m a -> (a -> m b) -> m b

Wait. Did I see a CPS value there? Yep:  can be thought of as taking a monadic value and making a CPS value out of it. Simply apply  to this value, and we have a fully functional value in the   monad!

monadToCPS :: m a -> Cont (m b) a monadToCPS x = Cont (x >>=)

And the inverse:

cpsToMonad :: Cont (m a) a -> m a cpsToMonad x = runCont x return

One nice thing about this is that it will work on any  value with the appropriate type: it doesn't have to be one generated by. This allows us to mix other monads with  quite easily, though it's against the rules to combine other monads with each other. (Note that  is also the intuitive definition of a   function, that returns a monadic value instead of "just any value".)

Much stuff. Go insane with it. --Ihope127 18:27, 29 January 2006 (UTC)

Haskell's self-defeating authors
Why the fixation amongst haskellers on mathematics? I mean, you all couldn't think of a better example for CPS than the quadratic formula? There's simply no need to be adding to the complexity of this, it only serves to steepen the learning curve for us non-math-gurus... seriously...

 * I can only encourage you to strengthen your math skills, the quadratic formula is like 9th grade... and a good example, mainly because the "classic" example of error continuations is uncommon in Haskell, since we have  and.
 * -- apfeλmus 09:32, 17 May 2008 (UTC)

 * I do not think that the example has much to do with the Pythagorean theorem:  is just a named arithmetical function for the sake of the example, it could be anything.  However, claiming that just mentioning the Pythagorean theorem "adds to the complexity of this" (of the CPS) is plain funny IMO.  Suggesting that one could do any programming without doing reasoning/mathematics is also funny.  I think that this unsigned comment and the title of this section are sufficiently absurd to be safely removed from this discussion page. --Alexey Muranov (discuss • contribs) 15:14, 30 April 2017 (UTC)

Error in "a note of typing"
As it appears to me, almost all explanation in this chapter is wrong.

Concerning type of k: k :: a -> Cont r b The b type isn't arbitrary because of we don't do anything with result of k. It's arbitrary because we don't do anything with continuation supplied to Cont r b.

Explanation: The return type of k is a Cont Monad which has type signature ((a->r)->r).

As it stands in definition of callCC:

class (Monad m) => MonadCont m where callCC :: ((a -> m b) -> m a) -> m a

instance MonadCont (Cont r) where callCC f = Cont $ \h -> runCont (f (\a -> Cont $ \_ -> h a)) h

As we can see, our k is  (\a -> Cont $ \_ -> h a) It ignores it's parameter which is of type (a->r) where type of expression is Cont r a

As we can see, because input function is ignored, the "a" type is arbitrary, and thats the real reason for k signature.

Also, the reason we must use "return" at the end of callCC instead of k lies elsewhere.

As we know x<-m1 m2 really means m1 >>= (\x->m2) and type of this is  m1 :: m a   (\x->m2) :: (a -> m b)

Substituting this for our example: x = Msg :: String m1 = callCC m2 = return (length Msg)

If we use return at the end of callCC, it returns Cont Monad of type Cont r String and it matches type of Msg. If we use k instead of return, type of k is already binded to by use in "when" so it has type Cont r  and this is mismatch with String in definition of   callCC >>= (Msg -> return (length Msg)).

 * I don't quite understand. Strictly speaking, the explanation in the article is correct, if very unclear. The problem is that while the  in   is indeed arbitrary, you cannot have both   and   as you point out as well.
 * The advice of always ending a do-block in  with   is wrong. The proper solution is to give   a rank-3 type:
 * -- apfeλmus 09:17, 11 September 2008 (UTC)
 * -- apfeλmus 09:17, 11 September 2008 (UTC)

 * After reading explanation from article many more times and giving it Deep Thought, I must admit it is correct. Probably my tendency to be very precise and the fact that I was still learning all of that made me unable to understand the text appropriately.
 * However, I don't understand why advice about "return" is bad. The type You gave is the same as in actual definition, unless explicit "forall" changes something (what? :).
 * -- Spawarotti 13-IX-2008

 * Ah, after some Deep Thought on my part, there are actually two issues here and the advice about  is partly right and partly wrong.
 * To see why  is no panacea against type errors with , consider the following

foo :: Cont r Int foo = callCC $ \k -> do     x <- k 41 let z = (x + 2) :: Int when True $ k 42 return 43

 * What type does  have? The first two lines in the do-block force it to be of type   while the third line forces it to be of type  . In other words, the   from the type of   should be both   and   which is clearly not possible. (Well, unless you use the type I gave with the explicit "forall". Look at its position, it's not just an explicit forall. The chapter Haskell/Polymorphism ought to explain this. Meanwhile, have a look at GHC's Users Guide, Arbitrary rank polymorphism and/or ask a haskell mailing list or #haskell. Basically, you can use several   now.) The   didn't help here.
 * On the other hand, I think the advice was meant to mean that you should not use  as the last statement, like in

bar :: Cont r Int bar = callCC $ \k -> do   let n = 5 when True $ k n   k 25

 * In this case, replacing the final  with   helps. But arguably, using the rank-3-type for   is the correct solution in this case as well.
 * -- apfeλmus 20:51, 16 September 2008 (UTC)

 * Many thanks for Your explanation. That makes everything clear for me :)
 * -- Spawarotti 19-IX-2008

2013-10-25 changes
I have just performed significant changes to this chapter. The structure was largely preserved; the tone, however, is quite different. I felt the original text assumed too many things as self-evident when introducing CPS and shrouded  in unnecessary mystery; the end result being making the subject look harder than it actually is. My take on rectifying that without slowing down things too much rests on what I, inspired by this excellent StackOverflow answer by C. A. McCann, called suspended computations, things which take continuations to produce final results, and which are wrapped by the. A few subsidiary changes worth mentioning:

 * A note now presents attoparsec as an example of performance-motivated CPS usage.
 * An organic genesis is now presented for the  monad instance.
 * The digression about the result type of 's escape function was cut down to a brief body note. However, it is now coupled to a proper explanation of the   signature.

To do:

 * Further clean-up of the introductory paragraph about possible uses of CPS in Haskell;
 * Pointing out the analogies between other function-wrapping monads and  (e.g.   wraps state transitions and threads state; analogously,   wraps suspended computations and threads continuations);
 * Improving and/or replacing the examples, especially those in the  section;
 * Making the code blocks look better (waiting for the fix to the GeSHi single quote bug to reach Wikibooks).

Duplode (discuss • contribs) 05:12, 25 October 2013 (UTC)

Why are the CPS examples deliberately not eta-reduced?
Why are the CPS examples not $$\eta$$-reduced? Is this somehow important for the CPS to not be $$\eta$$-reduced? Why instead of ?? --Alexey Muranov (discuss • contribs) 15:02, 30 April 2017 (UTC)

 * There is no deep reason beyond making it more obvious how the continuation is used in these initial examples. Binding  in a lambda (that is,  rather than ) arguably emphasises a bit that   is a suspended computation. --Duplode (discuss • contribs) 06:58, 1 May 2017 (UTC)

 * I do not agree that just throwing in an extra variable makes it more obvious how its value will be used. (In this case, after some effort, i see that the result of a complicated expression will be applied to the value of , but i do not see how that value will be eventually used; to get that much it would be easier without  .)  The expression is longer and thus objectively more complex.  Another example:   is simpler than  .  Subjectively, i had to implement it to be sure that i understood it correctly -- that i could eta-reduce it (i was confused by all those   and  ).  I propose to simplify.  --Alexey Muranov (discuss • contribs) 10:21, 1 May 2017 (UTC)

 * Hm, i am wrong, it is eta-reduced. The right-hand side of the definition of   is basically of the form
 * So, the alternative code i proposed is not equivalent, even though it looks like it works the same way. I need to think more about this.  --Alexey Muranov (discuss • contribs) 10:54, 1 May 2017 (UTC)
 * So, the alternative code i proposed is not equivalent, even though it looks like it works the same way. I need to think more about this.  --Alexey Muranov (discuss • contribs) 10:54, 1 May 2017 (UTC)

The Cont monad
I tried to follow the code examples in a code editor. Eventually I failed with the Cont monad. The cont and runCont functions are clear, but the syntax on how to define them is not. As a Haskell noob it seems there is a "new style" of defining Monads with Functor and Applicative first. I couldn't get anything to work using data or newtype with just the Monad definition.

GHC 9.2.5

HLS 1.9.1.0 2003:E3:172B:2800:1534:4524:8941:C883 (discuss) 17:14, 12 March 2023 (UTC)

title: Talk:Haskell/Continuation passing style


text:
Japanese/Lessons/Introduction/Amerika-jin desu ka/Foreign loan words

"Loan words" in Japanese
In Japan, several "loan words" from English are commonly used. You already know more Japanese than you think just by knowing English. "Loan words" from Portuguese, Chinese, Dutch, French, and Italian have also been incorporated into the language, though English remains the most common.

About "loan words"
The pronunciation of foreign words has to be changed quite a bit in order to flow in Japanese.
 * Some words' pronunciations are simply changed. For example, curtain becomes kaaten, hotel becomes hoteru, and elevator becomes elebeetaa.
 * Some words are abbreviated slightly. For example, supermarket becomes supaa, kilometer-and kilogram- become kilo, etc.
 * Some words do not correspond to their original meaning. For example, the Japanese manshon translates to condominium, not mansion.


text: Template:Category redirect

title: Template:Category redirect


text:
Category:Category redirects

These are obsolete categories redirected to another category by using.

title: Category:Category redirects


text: Category:Book:Guide to X11/Stubs

title: Category:Book:Guide to X11/Stubs


text:
Guide to X11/Fonts

Fonts
When your X11 clients draw text, they use fonts, which are drawings of standard characters, such as letters, numerals, and punctuation. At minimum, a font is a typeface (also called family) such as Bitstream Vera Sans, Luxi Mono , Nimbus Roman No9 L , or fixed. More specifically, a font includes a size or style, such as Bitstream Vera Sans Bold Italic 10 point. Fonts also come in three categories called serif (like Nimbus Roman No9 L), sans-serif (like Bitstream Vera Sans), and monospace (like Luxi Mono or "fixed").

Fonts come in several font formats such as bitmap, TrueType, and PostScript. TrueType fonts are .ttf files. If the X11 server and client are at different computers, then you might have installed different fonts at each computer.

Core versus Xft fonts
X11 clients can draw texts in several different manners:
 * 1) Use the original core X11 protocol to draw text. With this approach, the X11 server loads and stores each character of a font. Thus, if the X11 server (with the screen and keyboard) and the X11 client (with your web browser or other window) are at different computers, then you must install fonts at the server. The server converts the characters into bitmaps and draws them upright, which means that you cannot rotate them. Further, the server never antialiases the fonts.
 * 2) Use the Xft library and RENDER extension to draw text. With this approach, the X11 client loads and stores each character of a font. You must install fonts at the client machine. The client converts the characters into geometric shapes. It decomposes the shapes into basic shapes such as triangles and trapezoids, then sends these to the server. The server draws the shapes and optionally provides antialiasing, which smooths the appearance of fonts. One can also rotate these shapes.
 * 3) Use a client-side library such as libart_lgpl or SDL_ttf to draw text. While libart_lgpl is a vector-graphics library, SDL_ttf is a library to draw text for programs that use the cross-platform Simple DirectMedia Layer. Typically, these libraries load the geometric shapes, then draw them into bitmaps, possibly antialiased and rotated, before sending them to the X11 server, as if the X11 server knew nothing about text. It is also possible for these libraries to do as Xft does and use RENDER.

The first X11 clients used the core X11 protocol to draw text, as that was the only choice. However, several clients now use Xft. Because GTK+ and Qt, the toolkits behind several applications including all GNOME and KDE applications, switched to Xft, many programs on most desktops, including Konqueror, now use Xft.

Configuring Xft with fontconfig
The older Xft version 1 had its own configuration scheme. Version 2, described here, uses fontconfig for its configuration. Because fontconfig is independent of X11, there are programs like fc-list which list fonts available to X11 programs like Konqueror, but do not themselves use X11. An easy terminal command to list available fonts is:

$ fc-list | sort | less

The default /etc/fonts/fonts.conf allows you to optionally create a custom file ~/.fonts.conf for your custom font settings.

Some customizations include:
 * 1) You can add additional directories that contain fonts. Fontconfig searches directories recursively. If you have a folder with .ttf files in it, then you can simply add it to ~/.fonts.conf; you do not need to write a fonts.scale or any other such file for fontconfig.
 * 2) You can specify additional fonts to search for obscure characters. If you do not see a right-arrow between these quotes "→" then the right-arrow character was not found during the search for characters to draw this sentence. In fact, the Bitstream and Luxi fonts included with Xorg and the Nimbus fonts from ghostscript do not have that character, but the "Standard Symbols L" font from ghostscript includes a right arrow.

However, ~/.fonts.conf uses a strict XML syntax. You must declare </tt> at the beginning of the file, and you must put everything else in the file between <tt> </tt> and <tt> </tt> tags, else it will not work.

Here is an example file, showing how to perform the two customizations: <?xml version="1.0"?> /usr/local/share/ghostscript/fonts sans-serif Standard Symbols L    serif Standard Symbols L   monospace Standard Symbols L

Adding a directory of fonts is simple: use <tt> /full/path </tt>. The above example adds <tt>/usr/local/share/ghostscript/fonts</tt>, which at some computers is the location of Ghostscript fonts including Standard Symbols L.

To add Standard Symbols L to the list of preferred fonts, so that we can always draw the right-arrow "→", is more difficult. Suppose that you had set the Konqueror web browser to use Luxi Serif to display web pages. You then had loaded some text including some right-arrows. When fontconfig failed to find a right-arrow in the Luxi Serif font, it resorted to the generic font name "serif", which is actually an alias for a list of preferred serif fonts.

For reference, here are the font aliases from the <tt>/etc/fonts/fonts.conf</tt> included with Xorg 6.9rc1.

serif Bitstream Vera Serif Times New Roman Thorndale AMT Luxi Serif Nimbus Roman No9 L 			 Times Frank Ruehl Kochi Mincho AR PL SungtiL GB 			 AR PL Mingti2L Big5 ï¼ï¼³ ææ Baekmuk Batang FreeSerif sans-serif Bitstream Vera Sans Verdana Arial Albany AMT Luxi Sans Nimbus Sans L 			 Helvetica Nachlieli Kochi Gothic AR PL KaitiM GB 			 AR PL KaitiM Big5 ï¼ï¼³ ã´ã·ãã¯ Baekmuk Dotum SimSun FreeSans monospace Bitstream Vera Sans Mono Andale Mono Courier New Cumberland AMT Luxi Mono Nimbus Mono L 			 Courier Miriam Mono Kochi Gothic AR PL KaitiM GB 			 Baekmuk Dotum FreeMono

Installing new fonts
Depending on your distribution there may be a foolproof font installation program - or not. In any case, using simple commands always works.

To install new fonts, just download the font files (for example ".ttf" files) and put them in the correct directory. For Xft with fontconfig, where and which types of fonts you can install is determined by the default configuration file  or the extra configuration in   or. Most distributions have in  the following line: ~/.fonts This means you can install new fonts in your home directory with simple user privileges. To update fontconfig you use the command.

To give an example: suppose you have downloaded the font  to your Desktop. Open your favorite terminal or a simple, and type: cd mkdir .fonts cd .fonts cp ~/Desktop/anicefont.ttf. fc-cache Done. You can check whether the font was successfully installed by using the command  (for example paging it with   and  ) and check for the name of your font:.

title: Guide to X11/Fonts


text:
Guide to X11/Authors

Wikibookians

 * 1) Kernigh started book
 * 2) Other and anonymous contributors

Other authors (see ../History/)

 * 1) Frankkou (Steve Ambler)

Images
In the online version at en.wikibooks.org, each image links to an image description page for copyright and licensing information. In most browsers, you can view this information by clicking the image.

title: Guide to X11/Authors


text:
Guide to X11/History

History
Some text of this book was adapted December 2005 from the deleted Wikipedia article "Transwiki:Useful unix command", by Steve Ambler, February 2002. Its edit history was:

Useful unix command authors and history

 * 2005-09-04 01:17:55 User:Meelar (articles for deletion)
 * 2005-09-04 01:16:22 User:Frankkou
 * 2005-09-04 01:15:31 User:Frankkou (→Some Useful Linux Commands)
 * 2005-09-04 01:14:40 User:Frankkou

title: Guide to X11/History


text:
Talk:God for the Third Millennium/Creation of life on the Earth

Pre-DNA evolution
The unlikeliness of emergence of DNA Protozoa by chance makes this hypothesis unscientific. The theories of origins of life thus rely on a pre-DNA stage of evolution, perhaps even several stages, of which the DNA life is a byproduct that finally incorporated the previous stages. What life needs are evolution-capable replicators. DNA/protein life was very likely predecesed by RNA life, as RNA molecules are capable of self-catalysis.

=
What is meant by How the DNA was created in exact sequence, it is found?

Let us say I have a trillion dices and throw it, they will land up in some sequence. Now if I ask how the dices were arranged in the sequence we found them to be. From probability, we know that this sequence has little probability and to get the same sequence again I will require more time than my life. Does that mean that dices were arranged by some other intelligent being and not by chance?

The great number of outcomes and very little probability does not negate a event that occurred in past.

It is fact that genetic code was created in some form in past. It is also fact that it could have been created in some other form. However, little probability does not negate that event. Initially it did evolve into what it is today.

Evolution isn't about the creation of life.
Evolution is about the change of species over time, it doesn't posit how life was created in the first place. AFAIK, scientists aren't yet really sure how the conversion of non-life to life occured.

I should also point out that being a creationist doesn't require believing in the Bible (the most obvious counter-example is probably jews). Irrevenant 10:11, 31 January 2006 (UTC)

Why not taking a look on what the Holy Qur'an states about creation?
I noticed that the Writer kept on mentioning Judaism and Christianity as if they were the only Monotheistic Religions found on Earth. He didn't mention any about Islam as the third global religion which calls people to worship God the One in the most purest Monotheistic form without considering any sons or partners, without Images of God, while ensuring on God's Unlikliness to anything.

Islam offers too the best description of Creation, considering the Big Bang and the expected shrink of the Universe.

In Muslim faith too, God do not take a physical form to find a 'place' of a throne the universe we live in. It just states it as what the Holy Qur'an says: {(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves, and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him, and He is the One that hears and sees (all things).} [Holy Qur'an 42:11]

The Holy Qur'an talks about the incomplete spherical shape of planet Earth. It talks too about the Earthly atmosphere and the huge Universe outside it, besides pointing to the huge universal celestial bodies and its complicated organized patterns.

When putting the foregoing besides the fact which states that Islam accepts and respects the books and the prophets of the two previous Monotheistic religions, i.e: Judaism and Christianity: So it is logical to consider Islam when talking about Creation or about God in Human History, as the last and the most informative form of Monotheism on Earth. Nouruddeen Mahmoud 20:11, 2 February 2006 (GMT)

what about the AP?
I think before diving into speculation about aliens planting seeds, the god for the third millenium could really really use a quality treatment of the anthropic principle.