Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Abe, Masaki; Nottage, Luke --- "Japanese Law" [2006] ELECD 184; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 33

Section Title: Japanese Law

Author(s): Abe, Masaki; Nottage, Luke

Number of pages: 15

Extract:

33 Japanese law*
Masaki Abe and Luke Nottage


1 Introduction
Japan is a densely populated archipelago in North-East Asia, and remains
the second largest economy in the world. Despite re-opening itself to the
world in the mid-19th century, to modernize its economy, society and legal
system, Japan has maintained ambiguous relationships towards modernity,
`the West', and law itself (Tanase, forthcoming).
Japanese law was formed in the crucible of comparative law, and contin-
ues to intrigue comparative lawyers. It borrowed early on from China, from
continental Europe in the late 19th century, and from Anglo-American law
particularly during Japan's Occupation following World War II. In the
wake of economic stagnation and accelerating deregulation over the 1990s,
some commentators now proclaim `the Americanization of Japanese
law' (Kelemen and Sibbitt, 2002). However, it has also been framed by
international law, and law reformers remain attracted to broader `global
standards'. Accordingly, Japanese law can be expected to remain an arche-
typical `hybrid' legal system, not readily characterized as belonging to any
particular `legal family' (cf. Merryman et al., 1994).
The study of Japan's law has also led to new paradigms or theories being
developed, particularly by foreign commentators writing in western lan-
guages, to explain phenomena seemingly showing that law remains quite
unimportant in socioeconomic ordering. A central debate has concerned
low per capita civil litigation rates, compared to other similar economies,
especially in Europe and the United States. The `culturalist' theory explains
this on the basis that ` ...