The book takes a stimulating and fresh look at the classical question: Who rules Japan? Seven highly informative analyses explore to what extent the 2001 judicial reforms have already transformed the Japanese state and paved the way for Japan's gradual shift from its (in)famous administrative governance model to a judicial state with the 'rule of law' at its center and a broader participation of citizens in the various spheres of public life.' - Harald Baum, Max Planck Institute for Comparative and International Private Law, GermanyThe dramatic growth of the Japanese economy in the post-war period, and its meltdown in the 1990s, generated major reform recommendations in 2001 from the Justice System Reform Council aimed at greater civic engagement with law. This timely book examines the regulation and design of the Japanese legal system and contributes a legal perspective to the long-standing debate in Japanese Studies: who governs Japan? Who Rules Japan? explores the extent to which a new Japanese state has emerged from this reform effort - one in which the Japanese people participate more freely in the legal system and have a greater stake in Japan's future. Expert contributors from across the globe tackle the question of whether Japan is now a judicial state, upturning earlier views of Japan as an administrative state. The book explores well-known reforms, such as lay participation in criminal justice, but also less well-canvassed topics such as industrial relations, dispute resolution, government lawyers, law within popular culture in Japan, and social welfare and the law. The blend of empiricism, policy analysis, theory and doctrine provides a discerning insight into the impact of the law reform initiatives from the Justice System Reform Council. Legal academics interested in comparative law broadly and Asian law specifically will find this book an indispensable contribution to the literature, offering a unique insight into the changing Japanese legal system. Students and scholars of Japanese Studies, especially the social sciences, will find clarity in this refreshing legal viewpoint of governance in contemporary Japan. Contributors: K. Anderson, T. Araki, S. Green, D.T. Johnson, S. Kozuka, C. Lawson, T. Ryan, L. Nottage, S. Shinomiya, L. Wolff

This important book translates seven landmark essays by one of Japan?s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law.Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers? ethics, family law, human rights, constitutionalism and litigiousness.This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.

With a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions', considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies', groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.

With a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions', considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies', groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.

The 'lost decade' of economic stagnation in Japan during the 1990s has become a 'found decade' for regulatory and institutional reform. Nowhere is this more evident than in corporate law. In 2005, for example, a spate of reforms to the Commercial Code culminated in the new Company Act, a statute promising greater organisational flexibility and shareholder empowerment for Japanese corporations competing in a more globalised economy. But does this new law herald a more 'Americanised' system of corporate governance? Has Japan embraced shareholder primacy over its traditional loyalty to other key stakeholders such as 'main banks', core employees, and partners within diffuse corporate (keiretsu) groups? This book argues that a more complex 'gradual transformation' is unfolding in Japan - a process evident in many other post-industrial economies. The book brings together contributions from academics and practitioners from Japan, Australia, New Zealand, Canada and the United States. It includes chapters on comparative corporate governance theory and methodology, lifelong employment, the main bank system, board structures, and governance issues in small and medium-sized enterprises. The procedural, substantive and FDI policy dimensions of takeover law and practice are discussed, as well as empirical changes to corporate governance practices in large, publicly listed companies during the past twenty years. The authors' rich mix of national, disciplinary and professional backgrounds allows for a broad comparative perspective on developments in Japanese corporate governance. The book will be of great interest to scholars and students of law, business, political economy and Japanese studies, and will also appeal to corporate lawyers and policymakers.