Law in Japan

Law in Japan
Author: Daniel H. Foote
Publisher: University of Washington Press
Total Pages: 704
Release: 2011-10-17
Genre: Social Science
ISBN: 0295801352

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.

Beiträge zur Modernen Japanischen Rechtsgeschichte

Beiträge zur Modernen Japanischen Rechtsgeschichte
Author: Hans-Peter Marutschke
Publisher: BWV Verlag
Total Pages: 231
Release: 2011-01-01
Genre: Electronic books
ISBN: 3830526725

HauptbeschreibungZiel des Bandes ist es, verstreut ver©œffentlichte Abhandlungen zum japanischen Recht und zur juristischen Ideengeschichte an einem Ort zusammenzuf©ơhren. Er ist eine Grundlage f©ơr die wissenschaftliche Besch©Þftigung mit der juristischen Zeitgeschichte Japans und der dortigen Rechtsentwicklung. F©ơnf japanische Rechtswissenschaftler vermitteln den unmittelbaren Zugang zum japanischen Recht, der den Rechtsvergleichern, die aus dem westlichen Sprachraum kommen, h©Þufig verschlossen bleibt.

Legal Education in Asia

Legal Education in Asia
Author: Stacey Steele
Publisher: Routledge
Total Pages: 349
Release: 2009-12-07
Genre: Business & Economics
ISBN: 113518237X

This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung
Author: Zentaro Kitagawa
Publisher: Walter de Gruyter
Total Pages: 293
Release: 2011-12-22
Genre: Law
ISBN: 311091915X

Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

Theory of Legal Principles

Theory of Legal Principles
Author: Humberto Avila
Publisher: Springer Science & Business Media
Total Pages: 166
Release: 2007-09-26
Genre: Law
ISBN: 1402058799

This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

International Law and Japanese Sovereignty

International Law and Japanese Sovereignty
Author: Douglas Howland
Publisher: Springer
Total Pages: 239
Release: 2016-11-15
Genre: Political Science
ISBN: 1137567775

How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Justice and International Law in Meiji Japan

Justice and International Law in Meiji Japan
Author: Giorgio Fabio Colombo
Publisher: Taylor & Francis
Total Pages: 138
Release: 2023-02-10
Genre: History
ISBN: 100083476X

This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

History Of Law In Japan Since 1868

History Of Law In Japan Since 1868
Author: Wilhelm Röhl
Publisher: BRILL
Total Pages: 858
Release: 2005
Genre: Law
ISBN: 9004131647

A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.

Product Safety and Liability Law in Japan

Product Safety and Liability Law in Japan
Author: Luke Nottage
Publisher: Routledge
Total Pages: 356
Release: 2004-07-31
Genre: Business & Economics
ISBN: 1134433891

Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.