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This powerful study suggests that strategic pragmatism has enabled
Japan to use Western theories and doctrines more comprehensively
and thoroughly than the West. The authors contend that Japan's
success depends, in part, upon three factors: the ability to
recognize a need for action; the ability to respond to such a need
even under less than optimal technological conditions, cutting
across theoretical and ideological lines; and the ability to adjust
or correct action as soon as failure is recognized. By comparing
Japan's policies and structure to patterns prevailing in major
Western countries, Japan's `secret' can be translated into concepts
familiar to the West. This brilliant and provocative book…is a
tour de force that argues that Japanese-type economic policies can
be duplicated in other capitalist states and that it is a mistake
to believe that such policies can only evolve in the unique
environment of Japanese culture and society. Foreign Affairs
Japan's rise to economic power has been the focus of much attention
and speculation in the West. This powerful study suggests that
strategic pragmatism has enabled Japan to use Western theories and
doctrines more comprehensively and thoroughly than the West. The
authors contend that Japan's success depends, in part, upon three
factors. The first is the ability to recognize a need for action.
Next, the Japanese are able to respond to such a need even under
less than optimal technological conditions and can cut across
theoretical and ideological lines. Finally, they are ready to
adjust or correct action as soon as failure is recognized. Western
countries should look at the global significance of Japan's
economic performance and learn from their model of action. By
comparing Japan's policies and structure to patterns prevailing in
major Western countries, Japan's 'secret' can be translated into
concepts familiar to the West. Economists, government officials,
and business policy makers will find this new approach to Japan's
success a worthwhile study. Strategic Pragmatism opens with an
explanation for Japan's economic performance. The book then
presents the interesting way in which Japan makes functional cuts
across doctrines. There is a chapter addressing adaptation and how
Western economic concepts are incorporated into Japanese policy.
Goal attainment includes such topics as neo-classical infant
industry protection and mercantilist aspects in the policy of
industrial development. Pattern maintenance is followed by
integration, and then the relation of structure and action. Finally
the authors develop a model demonstrating how Japan derives a sense
of direction from the nature of the changing problems to be
solved--the heart of strategic pragmatism.
This book addresses two countervailing challenges to theory and
policy in law and economics. The first is the rise of legal origins
theory, which denies the comparative law view of convergence
between common law and civil law by the assertion of an economic
superiority of common law. The second is the series of economic
crises in the very financial markets on which that assertion was
based. Both trends unsettled certainties about the rule of law and
institutional economics. Meeting legal origins theory in its main
areas of political science, sociology and economics, the book
extends the interdisciplinary reach to neglected aspects of
comparative law, legal history, dynamic econometric analysis and
"quasi-natural experiments" with counterfactual evidence of
different institutional regimes in divided countries. These
combined methodological tools make tests of the economic impact of
different legal origins much more reliable. This is shown for
developed and newly industrialized countries as well as developing,
transforming and emerging countries with or without financial
center advantage, affected or not by financial crises. The Asian
financial crises and the American subprime crisis have been, or
could have been resolved using the resources of common law or civil
law. These cases and data on access to justice in Africa, Asia and
Latin America reveal the problem of substantive law remaining "law
on the books" without efficient procedural rules and judicial
structures. The single most striking common law-civil law divide is
that lawyer-dominated common law procedure is slower and costlier
than judge-managed civil law procedure. Countries as diverse as the
Netherlands, Japan, and China show functional interaction between
culture and law in legal reforms. Such interaction can reduce the
occurrence of legal disputes as well as facilitate their
resolution. It can use economic crises as catalysts for legal
reforms or rely on regional integration, and it should replace the
discredited method of legal "transplants" by sustained dialogue
between legal advisors and all actors involved in legal reforms.
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