The Changing Role of Law in Japan

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178347565X
Total Pages : 296 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Changing Role of Law in Japan by : Dimitri Vanoverbeke

Download or read book The Changing Role of Law in Japan written by Dimitri Vanoverbeke and published by Edward Elgar Publishing. This book was released on 2014-06-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti

The Changing Role of Law in Japan

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Author :
Publisher :
ISBN 13 : 9781306904278
Total Pages : 296 pages
Book Rating : 4.9/5 (42 download)

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Book Synopsis The Changing Role of Law in Japan by : D. Vanoverbeke

Download or read book The Changing Role of Law in Japan written by D. Vanoverbeke and published by . This book was released on 2014-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law in Japan

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Author :
Publisher : University of Washington Press
ISBN 13 : 0295801352
Total Pages : 704 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis Law in Japan by : Daniel H. Foote

Download or read book Law in Japan written by Daniel H. Foote and published by University of Washington Press. This book was released on 2011-10-17 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law in Japan

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Author :
Publisher : Cambridge, Mass., Harvard University Press
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Law in Japan by : Harvard Law School

Download or read book Law in Japan written by Harvard Law School and published by Cambridge, Mass., Harvard University Press. This book was released on 1963 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Community and the Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803544
Total Pages : 217 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Community and the Law by : Takao Tanase

Download or read book Community and the Law written by Takao Tanase and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume. Robert A. Kagan, University of California, Berkeley, US Takao Tanase s Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy 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.

Comparative Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 862 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Comparative Law by : Kenneth L. Port

Download or read book Comparative Law written by Kenneth L. Port and published by . This book was released on 1996 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Japanese Legal System

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Publisher : Cavendish Publishing
ISBN 13 : 1843143224
Total Pages : 596 pages
Book Rating : 4.8/5 (431 download)

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Book Synopsis Japanese Legal System by : Dean

Download or read book Japanese Legal System written by Dean and published by Cavendish Publishing. This book was released on 2002-02-14 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business

History of Law in Japan since 1868

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Author :
Publisher : BRILL
ISBN 13 : 9047403576
Total Pages : 857 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis History of Law in Japan since 1868 by : Wilhelm Röhl

Download or read book History of Law in Japan since 1868 written by Wilhelm Röhl and published by BRILL. This book was released on 2004-11-01 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Social Change in Postwar Japan

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674044548
Total Pages : 286 pages
Book Rating : 4.0/5 (445 download)

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Book Synopsis Law and Social Change in Postwar Japan by : Frank K. Upham

Download or read book Law and Social Change in Postwar Japan written by Frank K. Upham and published by Harvard University Press. This book was released on 2009-06-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen. This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world's worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan's economy over the last twenty-five years. Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.

The Changing Postwar International Legal Regime

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Publisher : BRILL
ISBN 13 : 9047403150
Total Pages : 200 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Changing Postwar International Legal Regime by : Wakamizu Tsutsui

Download or read book The Changing Postwar International Legal Regime written by Wakamizu Tsutsui and published by BRILL. This book was released on 2002-10-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In view of the practices of the Second World War, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of "no use of force". To meet the reality of wartime collaboration in each region, it adopted self-defense as the basis for individual action. The postwar international legal order has been realized through self-defense as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter. Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's "Peace Constitution". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on "freedom of conscience". This work should be read by anyone interested in the development of international law and its influence on international relations.

The Rule of Law in Japan

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Author :
Publisher :
ISBN 13 : 9789041141255
Total Pages : 0 pages
Book Rating : 4.1/5 (412 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since publication of the first edition, practitioners who deal with Japanese law have put great store in this major work, which systematically compares U.S. law and Japanese law across all the major fields of legal practice. Japan's legal system has changed dramatically since the publication of the Second Revised Edition as a consequence of Legislation and Supreme Court decisions in such diverse areas as public law (including administrative, election, constitutional and criminal law) as well as private law (including custody, assisted reproduction technology, labor law, discrimination, corporate governance, civil litigation, etc.). This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today while adding new chapters on Freedom of Expression and Conflict of Laws. Author Carl Goodman--an internationally known authority with extensive experience in international practice, university teaching in both Japan and the U.S., and U.S. government service--takes expert stock of these new developments, including the following: the ongoing liberalization of corporation law; the changes in criminal law brought about as a consequence of the system of lay/professional judges; the codification and clarification of rules dealing with transnational jurisdiction; protection of corporate whistleblowers; an evaluation of the revamping of the education system for lawyers; the new law governing choice of law questions in international cases; the protections extended to the growing temporary work force; freedom of religion--shrines on public lands--and freedom of conscience--teachers and the National Anthem; modified criminal law procedural protections and new rules for judicial evaluation of circumstantial evidence cases; communitarianism and Japanese law; continuing growth in judicial review including constitutional and administrative cases; and family law--surrogacy, adoption, ART, international custody and the Hague Convention, Gender Identity disorder, brain death, organ transplantation etc. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that 'what you see may not be what you get.' For this reason, and for its comprehensive coverage, this third edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.

Going to Court to Change Japan

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Author :
Publisher : University of Michigan Press
ISBN 13 : 1929280831
Total Pages : 196 pages
Book Rating : 4.9/5 (292 download)

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Book Synopsis Going to Court to Change Japan by : Patricia G Steinhoff

Download or read book Going to Court to Change Japan written by Patricia G Steinhoff and published by University of Michigan Press. This book was released on 2014-01-03 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between social movements and the law in bringing about social change in Japan

Japan's Changing Role

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781983746284
Total Pages : 96 pages
Book Rating : 4.7/5 (462 download)

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Book Synopsis Japan's Changing Role by : United States. Congress

Download or read book Japan's Changing Role written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-11 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan's changing role : hearing before the Subcommittee on Asia, the Pacific, and the Global Environment of the Committee on Foreign Affairs, House of Representatives, One Hundred Eleventh Congress, first session, June 25, 2009.

Law in Japan

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (958 download)

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Book Synopsis Law in Japan by :

Download or read book Law in Japan written by and published by . This book was released on 1967 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rule of Law in Japan

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186751
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.

Antitrust in Japan

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400872057
Total Pages : 541 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Antitrust in Japan by : Eleanor M. Hadley

Download or read book Antitrust in Japan written by Eleanor M. Hadley and published by Princeton University Press. This book was released on 2015-03-08 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before and during World War II, Japan's economy was controlled by power economic concentrations, large family holdings that passed from one generation to another, called zaibatsu. This book is a full assessment of the American postwar attempt to break up these powerful combines. Miss Hadley recounts both General Douglas MacArthur's efforts to implement the American occupation's antitrust policies and the Japanese government's resistance while it appeared to comply with zaibatsu dissolution. As the Cold War developed, American defense thinkers began to emphasize recovery rather than reform, and conservative American businessmen supported the abandonment of antitrust policy in Japan. The second half of the book examines the consequences of the antitrust measures and reaches conclusions which challenge prevailing Japanese and American views. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Japan and International Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111944
Total Pages : 448 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis Japan and International Law by : Nisuke Andō

Download or read book Japan and International Law written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.