The Role of Courts in 'Making' Law in Japan: The Communitarian Conservatism of Japanese Judges

13 Pages Posted: 10 Jul 2015

See all articles by John Owen Haley

John Owen Haley

University of Washington - School of Law

Date Written: June 1, 2013

Abstract

Courts in Japan have long played a central role in the formation and development of law. Despite some scholarly dissension as to the theory of judicial precedent as a source of law, adherence to judicial precedent is well-established in law and practice, touching nearly all fields of Japanese law.

This essay offers historical perspectives on judicial and legal precedent — from the twelfth century through the Meiji Era, the Taisho and early Showa Eras, and through the postwar period. It discusses the role of precedent and Japan's distinctive pattern of subsequent legislative action affirming judicial precedent (sometimes years later).

This essay is based on an address at the University of Waseda, October 22, 2012.

Keywords: Japan, Japanese law, courts, judicial system, precedent, judge-made law

Suggested Citation

Haley, John Owen, The Role of Courts in 'Making' Law in Japan: The Communitarian Conservatism of Japanese Judges (June 1, 2013). Pacific Rim Law & Policy Journal, Vol. 22, No. 3, pp. 491-503, 2013. Available at SSRN: https://ssrn.com/abstract=2627419

John Owen Haley (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

HOME PAGE: www.law.washington.edu/Directory/Profile.aspx?ID=224

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