Legal Culture and the State in Modern Japan: Continuity and Change

Robert W. Gordon and Morton J. Horwitz (eds.), Law, Society, and History: Themes of the Legal Sociology and Legal History of Lawrence W. Friedman, New York: Cambridge University Press, 2011, pp. 169-187

UC Hastings Research Paper No. 2011-1

11 Pages Posted: 11 Dec 2014

See all articles by Malcolm M. Feeley

Malcolm M. Feeley

University of California, Berkeley, School of Law (Boalt Hall)

Setsuo Miyazawa

UC Law, San Francisco

Date Written: January 1, 2011

Abstract

This chapter has surveyed salient features of the legal system in Japan since the late Tokugawa period. Our purpose has been to describe the relation of the legal system to the state and to offer some observations about the autonomy of the internal legal culture of Japan. We found fundamental continuity between Tokugawa Japan and postwar Japan. It remains to be seen whether the justice system reform introduced since 2001 will produce transformations of the relationship between the state and the bar, resulting in a more assertive internal legal culture.

Suggested Citation

Feeley, Malcolm M. and Miyazawa, Setsuo, Legal Culture and the State in Modern Japan: Continuity and Change (January 1, 2011). Robert W. Gordon and Morton J. Horwitz (eds.), Law, Society, and History: Themes of the Legal Sociology and Legal History of Lawrence W. Friedman, New York: Cambridge University Press, 2011, pp. 169-187 , UC Hastings Research Paper No. 2011-1, Available at SSRN: https://ssrn.com/abstract=2536144

Malcolm M. Feeley

University of California, Berkeley, School of Law (Boalt Hall) ( email )

215 Law Building
Berkeley, CA 94720-7200
United States

Setsuo Miyazawa (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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