The Changing Role of Law in Japan

The Changing Role of Law in Japan

Author: Dimitri Vanoverbeke

Publisher: Edward Elgar Publishing

Published: 2014-06-27

Total Pages: 297

ISBN-13: 178347565X

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How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti


Law in Japan

Law in Japan

Author: Daniel H. Foote

Publisher: University of Washington Press

Published: 2011-10-17

Total Pages: 704

ISBN-13: 0295801352

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This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.


Law and Social Change in Postwar Japan

Law and Social Change in Postwar Japan

Author: Frank K. Upham

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 286

ISBN-13: 9780674044548

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Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen. This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world's worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan's economy over the last twenty-five years. Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.


Lectures on Japanese Law from a Comparative Perspective

Lectures on Japanese Law from a Comparative Perspective

Author: Luis Pedriza

Publisher: 大阪大学出版会

Published: 2017-10

Total Pages: 296

ISBN-13: 9784872596052

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外国人研究者の視点から、日本法の歴史的形成・発展や現代法の構造や制度を英語で解説。外国人学習者・研究者に最適なテキスト。


Who Rules Japan?

Who Rules Japan?

Author: Leon Wolff

Publisher: Edward Elgar Publishing

Published: 2015-04-30

Total Pages: 235

ISBN-13: 1784717495

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The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba


Going to Court to Change Japan

Going to Court to Change Japan

Author: Patricia G Steinhoff

Publisher: University of Michigan Press

Published: 2014-01-03

Total Pages: 196

ISBN-13: 1929280831

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Examines the relationship between social movements and the law in bringing about social change in Japan


History Of Law In Japan Since 1868

History Of Law In Japan Since 1868

Author: Wilhelm Röhl

Publisher: BRILL

Published: 2005

Total Pages: 858

ISBN-13: 9004131647

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A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.


The Rule of Law in Japan

The Rule of Law in Japan

Author: Carl F. Goodman

Publisher: Kluwer Law International B.V.

Published: 2017-04-01

Total Pages: 401

ISBN-13: 9041186751

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Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.