Japanese Law

20 Pages Posted: 18 Aug 2020

See all articles by Masaki Abe

Masaki Abe

Osaka City University

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law; University of Wollongong - Faculty of Law, Humanities and the Arts (LHA)

Date Written: August 18, 2020

Abstract

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

Abe, Masaki and Nottage, Luke R., Japanese Law (August 18, 2020). Available at SSRN: https://ssrn.com/abstract=3672112 or http://dx.doi.org/10.2139/ssrn.3672112

Masaki Abe

Osaka City University ( email )

3-3-138, Sugimoto
Sumiyoshi-ku
Osaka 558-8585
Japan

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

University of Wollongong - Faculty of Law, Humanities and the Arts (LHA) ( email )

Fairymeadow, Northfields Ave
Building 19
Wollongong, New South Wales 2522
Australia

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