The role of culture in the operation of Japanese law is one of the
great questions of sociolegal studies. Discussions tend to
polarize, between a simplistic view of cultural determinism and a
more universalist approach that emphasizes institutions. This
superb collection, with a diverse and accomplished set of
contributors, takes culture seriously. It shows how legal
institutions have both shaped and been shaped by Japanese legal
culture. A state-of-the art assessment of Japanese law after more
than a decade of reforms, this book is a must for anyone interested
in understanding legal culture more broadly.' - Tom Ginsburg,
University of Chicago Law School, US'The Changing Role of Law in
Japan is a path-breaking work of comparative legal scholarship,
offering a fresh and compelling perspective on the Japanese legal
system that makes it essential reading for anyone interested in the
role of law in industrialized democracies. The editors present a
convincing case for putting a dynamic conception of culture at the
heart of comparative legal studies, while simultaneously
demonstrating the wisdom of comparing Japanese law and legal
institutions to their European rather than their American
counterparts. This is a volume that will be read, and debated, for
years to come.' - Eric A. Feldman, University of Pennsylvania Law
School, US The Changing Role of Law in Japan offers a comparative
perspective on the changing role of law in East Asia, discussing
issues such as society, cultural values, access to the legal system
and judicial reform. This innovative book places Japan in the wider
context, juxtaposed with Europe, rather than the US, for the first
time. Parallel to Japan's rise to economic prominence on the world
scene in the 1960s, law and legal thinking in the country have
become the focus for academic research in various respects. One
recurring question has been how Japan managed to become one of the
most important economic actors in the world, without the legal
infrastructure usually associated with complex economic activities.
This book addresses many current issues that illustrate important
changes in Japanese society and its political and legal systems.
The authors investigate fundamental questions about the precise
role of law and the courts in Japan, and try to go beyond the
classical paradigm that attributes the particularities of Japan to
its unique culture or its exceptional position. The various
contributions to this book all demonstrate the importance of
challenging existing conceptions and revisiting them through
meticulous socio-legal and empirical research. This book will
appeal to scholars of sociology of law, international studies and
those interested in a transnational approach to the legal
framework. Graduate students dealing with law in Asia, intellectual
property, patent law and competition law will also find much
relevance in this interesting and stimulating book. Contributors:
V. Gessner, R. Hamano, E. Herber, A. Hirata, S. Kozuka, J.
Maesschalck, T. Mihira, M. Murayama, D. Nelken, I. Ozaki, S.
Parmentier, T. Suami, H. Takahashi, S. Vande Walle, D. Vanoverbeke,
E. van Zimmeren
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