Rule Of Law In Japan A Comparative Analysis What You See May Not Be What You Get

for five years now practitioners who deal with Japanese law have relied on the first edition of this major work, which systematically compares US law and Japanese law across all the major fields of legal practice.. In the last few years, however, Japan’s legal system has changed dramatically. The Recommendations of the Judicial Reform Council have spurred both legislation and Supreme Court decisions in such diverse areas as family law, labour law, discrimination, The right to vote, hostile company mergers, documentary evidence in litigation, judicial review, freedom of religion, and much else. 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. 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 these new developments, including the following: • liberalization of corporation law--outside directors, use of stock options, hostile mergers, poison pill legislation and guidelines; • the new system of lay/professional judges; • the liberalization of the rules under which parties to litigation may be required to produce documents previously off limits; • certain categories of “indirect discrimination” And The limitations on conduct that can be so defined; • the complete revamping of the education system for lawyers; • the new Labour Court designed to settle employer/employee disputes more quickly and effectively; • the increased extent of a news reporter’s privilege not to disclose sources; • legislation designed to protect spouses from spousal abuse; • new criminal law on police interrogation techniques; • growth in judicial review including Constitutional and Administrative cases; and • family law—surrogacy, adoption, international custody and differences in the definition of “spouse” for various purposes. 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 second edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.

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.

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

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

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.

This text provides an introduction to the ways in which five different disciplines have approached the study of business and government. It examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America.