The Rule Of Law In Japan

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The Rule of Law in Japan

Author : Carl F. Goodman
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.

Rule of Law in Japan : A Comparative Analysis - What You See May Not Be What You Get

Author : Carl F. Goodman
Publisher : Springer
ISBN 13 : 9789041189035
Total Pages : 0 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Rule of Law in Japan : A Comparative Analysis - What You See May Not Be What You Get by : Carl F. Goodman

Download or read book Rule of Law in Japan : A Comparative Analysis - What You See May Not Be What You Get written by Carl F. Goodman and published by Springer. This book was released on 2002-12-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses various Japanese legal topics in comparison to the United States approach to these same topics and analyzes whether what you see as the written law in Japan is what you get in reality. The foundation for the present Japanese legal system is explored, as is the structure, makeup, and independence of the Japanese judiciary and legal professions. The application of the Japanese Constitution to activities of and limitations on powers of the Japanese government are analyzed, as are the scope and limitations of the Japanese constitutional guarantees of religious freedom, sexual equality, equal rights, and rights of the criminally accused. The special Renunciation of War clause of the Japanese Constitution and court decisions dealing with the clause are analyzed to discover how the clause has gone from prohibiting all military establishments to permitting a world class military. Substantive legal areas, including contracts, treaties, and corporate law, are discussed. The Japanese civil litigation system, the perceived shortcoming in that system and currently ongoing steps at judicial reform are analyzed. Similarly, the attempt of the American Occupation to significantly change the administrative law of Japan by incorporating American legal concepts in Japanese administrative law is compared to the actual legal state of affairs in Japan. The text discusses the concepts underlying the reasons for the difference between the written law in Japan and the actual working of the Japanese legal system and considers how the ongoing process of judicial reform in Japan, which has as its stated goal the advancement of the Rule of Law, may affect changes in the legal system as Japan moves its legal system into the 21st Century.

The Rule of Law in Japan

Author : Carl F. Goodman
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.

The Changing Role of Law in Japan

Author : Dimitri Vanoverbeke
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

Japanese Legal System

Author : Dean
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

Law in Japan

Author : Harvard Law School
Publisher : Cambridge, Mass., Harvard University Press
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.3/5 (91 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:

Law in Japan

Author : Daniel H. Foote
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.

Laying Down the Law

Author : R. W. Kostal
Publisher : Harvard University Press
ISBN 13 : 067424382X
Total Pages : 481 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Laying Down the Law by : R. W. Kostal

Download or read book Laying Down the Law written by R. W. Kostal and published by Harvard University Press. This book was released on 2019-10-15 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.

Who Rules Japan?

Author : Leon Wolff
Publisher : Edward Elgar Publishing
ISBN 13 : 1784717495
Total Pages : 232 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Who Rules Japan? by : Leon Wolff

Download or read book Who Rules Japan? written by Leon Wolff and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba

Private International Law in Japan

Author : Jun Yokoyama
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519711
Total Pages : 318 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Japan by : Jun Yokoyama

Download or read book Private International Law in Japan written by Jun Yokoyama and published by Kluwer Law International B.V.. This book was released on 2019-12-13 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Japan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Japan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

History of Law in Japan since 1868

Author : Wilhelm Röhl
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.

The Spirit of Japanese Law

Author : John Owen Haley
Publisher : University of Georgia Press
ISBN 13 : 0820328871
Total Pages : 277 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of Japanese Law by : John Owen Haley

Download or read book The Spirit of Japanese Law written by John Owen Haley and published by University of Georgia Press. This book was released on 2006 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

The Japanese Legal System

Author : Hideo Tanaka
Publisher : [Tokyo] : University of Tokyo Press ; Forest Grove, Or. : distributor, ISBS, c1976, 1984 printing.
ISBN 13 :
Total Pages : 1000 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The Japanese Legal System by : Hideo Tanaka

Download or read book The Japanese Legal System written by Hideo Tanaka and published by [Tokyo] : University of Tokyo Press ; Forest Grove, Or. : distributor, ISBS, c1976, 1984 printing.. This book was released on 1976 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Japanese Law

Author : Hiroshi Oda
Publisher : OUP Oxford
ISBN 13 : 019101883X
Total Pages : 1443 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Japanese Law by : Hiroshi Oda

Download or read book Japanese Law written by Hiroshi Oda and published by OUP Oxford. This book was released on 2009-04-16 with total page 1443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law. This makes this book an essential reference work for all who have an interest in Japanese law.

Comparative Law

Author : Kenneth L. Port
Publisher :
ISBN 13 :
Total Pages : 854 pages
Book Rating : 4.:/5 (318 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 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Authority without Power

Author : John Owen Haley
Publisher : Oxford University Press
ISBN 13 : 0195357795
Total Pages : 269 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Authority without Power by : John Owen Haley

Download or read book Authority without Power written by John Owen Haley and published by Oxford University Press. This book was released on 1994-12-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive interpretive study of the role of law in contemporary Japan. Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order--an order characterized by remarkable stability, with an equally significant degree of autonomy for individuals, communities, and businesses. Haley concludes by showing how Japan's weak legal system has reinforced preexisting patterns of extralegal social control, thus explaining many of the fundamental paradoxes of political and social life in contemporary Japan.

Japanese Legal System

Author : Meryll Dean
Publisher : Routledge
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis Japanese Legal System by : Meryll Dean

Download or read book Japanese Legal System written by Meryll Dean and published by Routledge. This book was released on 1997 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 contextualized 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.