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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.
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.
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.
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