20 Pages Posted: 18 Aug 2020
Date Written: August 18, 2020
This overview of the Japanese legal system, for a forthcoming third edition of the 'Elgar Encylopedia of Comparative Law' (Jaakko Husa, Madalena Narciso, Jan Smits and Catherine Valcke, eds), first sketches Japan’s rich legal history. Foreign influences came first from China, then mostly European law from the 19th century, overlaid by American law from the mid-20th century. Part 3 then looks at foundational legal principles under the post-War constitutonal system. Part 4 explains the court system, while Part 5 outlines Japan’s growing legal profession, both impacted by wide-ranging civil and criminal justice system reforms enacted over 2001-4. Part 6 concludes by considering the impact of those reforms on the rule (and role) of law in contemporary Japan.
Keywords: comparative law, Asian law, Japanese law, legal history, public law, court systems, legal profession, legal theory
JEL Classification: K10, K30, K33
Suggested Citation: Suggested Citation