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Law’s Logistical Media: The Installation of the File System in the Postwar Japanese Prosecutor’s Office

Published online by Cambridge University Press:  04 April 2024

Miyako Inoue*
Affiliation:
Department of Anthropology, Stanford University, Stanford, CA, USA

Abstract

This article traces the fraught history of the file system’s adoption by the Japanese Public Prosecutor’s Office (PPO) from the late 1940s to the early 1950s, when the U.S. General Headquarters (GHQ), the Supreme Commander for the Allied Powers, decentralized the PPO’s power and transformed it into a “democratic” judicial agency. This is also a postwar history of the introduction of Taylorism-derived scientific management to white collar office work and Weberian visions of bureaucratic rationality into government offices, as part of the democratization of public administration steered by various sections within GHQ. Among the key changes was a guarantee of the right to receive a “speedy trial.” The essay argues that, while that guarantee was meant to secure human-rights protections for the accused, the file system introduced to the PPO translated the constitutional imperative of the rights of the accused into the pursuit of efficient scientific management, in which democracy was an operationalized socio-technical achievement. This logistical channel led to the co-emergence of democracy and modern rational bureaucracy, with each evincing mutual cause and effect. American reforms invested technicality with the promise of “democracy,” but as this essay shows, senior Japanese officials envisioned it as a means to rebuild a centralized information network.

Type
Research Article
Copyright
© The Author(s), 2024. Published by Cambridge University Press on behalf of Society for the Comparative Study of Society and History

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References

1 The Allied Powers reported, “The fact that procurators’ offices are badly understaffed has contributed to the unfortunate and widely criticized delay in the operation of criminal justice.” Supreme Commander for the Allied Powers, Government Section, Political Reorientation of Japan, September 1945 to September 1948 (Washington, D.C.: U.S. Government Printing Office, 1949), vol. 1, 210.

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6 This present essay employs “file system” rather than “filing system” to highlight its material-medial capacity for active enrollment in the PPO’s modernization. I reserve the latter to explicitly refer to the filing practice. I thank an anonymous CSSH reviewer for bringing this important difference to my attention.

7 Kenpō, 3 Nov. 1946, article 37. See also, Yokoi, Taizo, “Kōryū riyū kaiji seido no tōwaku” [The perplexity of the rule of disclosure of reasons for detention], Jurisuto 39 (1953): 68, 7Google Scholar.

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38 Ibid.

39 For a history of Taylorism and scientific management and their enduring impact upon Japanese industry and its business landscape, see Tsutsui, William, Manufacturing Ideology: Scientific Management in Twentieth-Century Japan (Princeton: Princeton University Press, 1998)CrossRefGoogle Scholar.

40 For an early publication on office document management in Japan, see Tokitomo Fuchi, Bunsho seirihō no riron to jissai [The theory and practice of document management] (Tokyo: Shinbunkan, 1932). The widespread adoption of the file system also needed the postwar domestic steel industry recovery, industrial production of filing cabinets, and the Japanese Industrial Standards Committee’s joining of ISO (the International Standards Organization) for the standardization of both paper and cabinet sizes in the early 1950s. See, Itōki hyakunenshi [Itoki, its first one-hundred-year history] (Tokyo: Itoki, 1991), 49–50.

41 Ueno Yōichi, “Maegaki [Foreword],” for Misawa Hiroshi, Kanchō jimu nō ritsu [Office work efficiency in the public office] (Tokyo: Chūō-sha, 1950), 1–2. As early as 1914, U.S. pioneers like John William Schulze had pointed out the industrial sector’s “lion’s share of attention” within scientific management, and attributed the lag in clerical applications to prevalent perceptions that office was separate from factory work. See Schulze, John William, The American Office: Its Organization, Management and Records (New York: Ronald Press Company, 1914), 9Google Scholar.

42 Nihon seisansei honbu, Jimu kanri: jimukanri senmon shiseatsudan hōkokusho (Productivity Report, 29) [Office management: office management special mission report] (Tokyo: Japan Productivity Center, 1958), 220. See also Nihon seisansei honbu, America no jimukanri [Office management in America] (Tokyo: Japan Productivity Center, 1957). It is also noteworthy that a 1906 assertion by Dicksee and Blain that “the office [is] to a business [what] the mainspring is to a watch” and that it is “the nerve center of the entire mechanism,” unexpectedly found renewed resonance in postwar Japan. See Robert, Dicksee Lawrence and Blain, Herbert Edwin, Office Organization and Management Including Secretarial Work (London: Sir I. Pitman & Sons, 1906): 12 Google Scholar.

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47 This translation is more faithful to its French original phrase.

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49 See, Chiaki Kashiwagi, Keiji Soshōhō [Code of criminal procedure] (Tokyo: Yuhikaku, 1970), 125.

50 Jisaku Taniguchi, “Kensatsu no minshuka” [The democratization of the PPO], Kenshū 100 (1956): 74–79, 78.

51 Sumio Kishi, “Kenstasu no minshuka” [The democratization of the PPO], Kenshū 101 (1956): 50–55, 55.

52 Norbert Wiener, Cybernetics; or, Control and Communication in the Animal and the Machine (New York: Wiley, 1948). See also Turner, Fred, From Counterculture to Cyberculture: Stewart Brand, the Whole Earth Network, and the Rise of Digital Utopianism (Chicago: University of Chicago Press 2006), 24 CrossRefGoogle Scholar.

53 Yasuhide, Komura, Kensatsuchō ni okeru jimu kanri no mondaiten [The problems of office manegement in the PPO] (Tokyo: Homu Sogo Kenkyujo, 1963)Google Scholar.

54 Ibid., 5.

55 Latour, Making of Law, 70–106. See also Kruse, Corinna, The Social Life of Forensic Evidence (Berkeley: University of California Press, 2016).Google Scholar

56 For some districts, this transition was a monumental endeavor. Nagoya District PPO, for example, established a dedicated “File Section” with eleven staff members. Within just two and a half months this team converted the bound crime registry books into 163,000 individual cards, all while maintaining their regular responsibilities. Hōmufu Kenmukyoku, Fairingu shisutemu ni tsuite, 73–74.

57 Krajewski, Markus, Paper Machines: About Cards & Catalogs, 1548–1929 (Cambridge: MIT Press, 2011), 7CrossRefGoogle Scholar. See also Stäheli, Urs, “Indexing–The Politics of Invisibility,” Environment and Planning D: Society and Space 34, 1 (2016): 1429 CrossRefGoogle Scholar; and Burke, Colin B., Information and Intrigue: From Index Cards to Dewey Decimals to Alger Hiss (Cambridge: MIT Press, 2014)CrossRefGoogle Scholar.

58 I thank the late Michael Silverstein for pointing this out to me. For studies of how the governmental rationality of scientific management was spatially enacted through architectural design and the office furniture and space, see Guillén, Mauro F., The Taylorized Beauty of the Mechanical: Scientific Management and the Rise of Modernist Architecture (Princeton: Princeton University Press, 2009)Google Scholar; Alexandra Lange, “White Collar Corbusier: From the Casier to the Cités D’affaires,” Grey Room 9 (2002): 58–79; Martin, Reinhold, The Organizational Complex: Architecture, Media, and Corporate Space (Cambridge: MIT Press, 2005)Google Scholar.

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61 Hōmufu Kenmukyoku, Fairingu shisutemu ni tsuite, 60.

62 Weber, Max, Economy and Society (Berkeley: University of California Press, 1987), 1404.Google Scholar

63 See Anita von Schnitzler’s compelling analysis of the water meter, which technologically replaced and materialized the government’s plea to the residents to pay for services; Democracy’s Infrastructure: Techno-Politics and Protest after Apartheid (Princeton: Princeton University Press, 2017).

64 For the similar point but on a different scale, see Benjamin Bratton, “Introduction: Logistics of Habitable Circulation,” in Paul Virilio, ed., Mark Polizzotti, trans., Speed and Politics (Los Angeles: Semiotext(e), 2006[1977]), 7–25, 12.

65 This is a rare mode of visualizing/spatializing an organization. A tree-like organizational chart, a visualization of an office marking its hierarchy, while still rare, started to appear as early as the 1920s. And the horizontal, network-like organizational chart was far less available until the 1960s.

66 Bratton, “Introduction,” 83.

67 Ibid., 81.

68 See note 27 for the definition of “channel.”

69 Bratton, “Introduction,” 170–71.

70 Ibid., 175.

71 Ibid., 176.

72 Kawaguchi, Kotaro, “Kensatsu jimu ni okeru fairu seido,” Jimu to Keiei 1, 3&4 (1949): 2023, 22Google Scholar.

73 On 13 May 1950, in his address at the conference for Deputy Chief Prosecutors (16 May 1950), Takahashi also deplored the lack of the prosecutor’s will to work on the file system by drawing on an episode he heard from an assistant officer about prosecutors failing to file the Registry Slip and instead keeping it inserted in the non-prosecuted record, which prevented the officers from completing the file. Hōmufu, Fairingu seido ni tsuite, 84.

74 Ibid., 77.

75 For a theoretical discussion on the generic specificity of “memos,” see Guillory, John, “The Memo and Modernity,” Critical Inquiry 31, 1 (2004): 108–32CrossRefGoogle Scholar.

76 The concept of “index” or “indexicality” originates from Charles Sanders Peirce’s triadic theory of sign relations, which categorizes signs into three distinct types: icons, symbols, and indexes. While the relationship between a symbol and its referent is arbitrary and governed by convention, and the relationship of an icon is predicated on resemblance, an index maintains a physically contiguous, causal, and existentially co-present relationship with the object it signifies. Importantly, this indexical relationship is not contingent upon “the interpreting mind,” as Peirce elucidates; Collected Papers of Charles Sanders Peirce, Charles Hartshorne, Paul Weiss, and Arthur W. Burks, eds. (Cambridge: Harvard University Press, 1931–1934, 2.299). To illustrate, a smoky sky serves as an index of a wildfire, irrespective of whether an individual perceives and interprets it as indicative of a nearby wildfire. As Peirce further notes, “the index asserts nothing”; it merely indicates the presence of the object it indexes (ibid., 3.361).

77 Hōmufu, Fairingu shisutemu ni tsuite, 12. See also Alan Sekula, “The Body and the Archive,” October 39 (1986): 3–64, for the history of the finger printing card system.

78 Foucault, Michel, Discipline and Punish (New York: Vintage Books, 1995).Google Scholar

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81 Hōmufu, Fairingu shisutemu ni tsuite, 383.

82 Ibid., 384.

83 Ibid., 18–19.

84 Latour, Bruno, Science in Action: How to Follow Scientists and Engineers through Society (Cambridge: Harvard University Press, 1985), 215 Google Scholar.

85 Ibid., 14–15.

86 Ibid., 17–18.

87 While “nagare sagyō” is conventionally translated as “assembly line,” its literal translation would be “flow work.”

88 Latour, Science in Action, 23–24.

89 I thank an anonymous CSSH reviewer for bringing this insight to my attention.

90 Saikō-kensatsu-chō kōhōbu [Supreme Court Prosecutors Office Public Relations Department], Atarashii kenstatsu no shimei [The missions of the new public prosecution] (1949), 95–97.