The military that isn’t: how legalized anti‑militarism shapes the limits of Japan’s defense policy

Scholarship increasingly claims that Japan’s anti‑militarism has eroded, pointing to rising defense spending, expanding Self‑Defense Forces (SDF) missions, and new counterstrike capabilities. This paper challenges that view by highlighting a neglected but enduring dimension of anti‑militarism: its legalization. Because the SDF are legally defined as an administrative organ rather than a military, they operate under a police‑like system that imposes significant operational constraints. In peacetime, the SDF may act only under narrowly defined regulations governing permissible uses of weapons, and any shift to military operations requires explicit political authorization. The absence of military law and courts further complicates discipline and morale. These constraints hinder crisis response, coordination with allies, and the credibility of Japan’s defense posture. Drawing on underutilized Japanese‑language sources, the study shows how domestic legislation continues to institutionalize restraint. The findings have important implications for Japan’s ability to respond to regional contingencies and for effective alliance coordination.