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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.

Table of Contents

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  1. Cover
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  1. Title Page
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  1. Copyright
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  1. Contents
  2. pp. vii-x
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  1. Preface and Acknowledgments
  2. pp. xi-xvii
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  1. Introduction and Overview: Japanese Law at a Turning Point
  2. pp. xix-xxxix
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  1. Part I: The Legal System and the Law’s Processes
  2. pp. 3-6
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  1. 1 New Knowledge Concerning Japan’s Legal System before 1868, Acquired from Japanese Sources by Western Writers since 1963
  2. pp. 7-33
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  1. 2 Criminal Trials in the Early Meiji Era—with Particular Reference to the Ukagai / Shirei System
  2. pp. 34-49
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  1. 3 Law, Culture, and Conflict: Dispute Resolution in Postwar Japan
  2. pp. 50-79
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  1. 4 The Development of an Adversary Systemin Japanese Civil Procedure
  2. pp. 80-98
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  1. 5 The Japanese Judiciary: Maintaining Integrity, Autonomy, and the Public Trust
  2. pp. 99-135
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  1. 6 The Rise of the Large Japanese Business Law Firm and Its Prospects for the Future
  2. pp. 136-152
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  1. 7 The Legislative Dynamic: Evidence from the Deregulation of Financial Services in Japan
  2. pp. 153-189
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  1. 8 Legal Education
  2. pp. 190-232
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  1. Part II: The Individual, The State, and the Law
  2. pp. 233-236
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  1. 9 Ongoing Changes in the Infrastructure of a Constitutional System: From “Bureaucracy” to Democracy
  2. pp. 237-256
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  1. 10 The Constitution of Japan: “Pacifism” and Mass Media Freedom
  2. pp. 257-275
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  1. 11 Development of the Concepts of Transparency and Accountability in Japanese Administrative Law
  2. pp. 276-303
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  1. 12 The Politics of Transparency in Japanese Administrative Law
  2. pp. 304-311
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  1. 13 The Development of Criminal Law in Japan since 1961
  2. pp. 312-333
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  1. 14 Globalization and Japanese Criminal Law
  2. pp. 334-342
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  1. 15 Criminal Justice in Japan
  2. pp. 343-383
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  1. 16 Litigation, Administrative Relief, and Political Settlement for Pollution Victim Compensation: Minamata Mercury Poisoning after Fifty Years
  2. pp. 384-403
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  1. 17 Medical Error, Deception, Self-Critical Analysis,and Law’s Impact: A Comparative Examination
  2. pp. 404-432
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  1. Part III: The Law and the Economy
  2. pp. 433-436
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  1. 18 Reexamining Legal Transplants: The Director’s Fiduciary Duty in Japanese Corporate Law
  2. pp. 437-453
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  1. 19 Japan’s “Era of Contract”
  2. pp. 454-482
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  1. 20 From Security to Mobility? Changing Aspects of Japanese Dismissal Law
  2. pp. 483-520
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  1. 21 Concentrated Power: The Paradox of Antitrust in Japan
  2. pp. 521-554
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  1. 22 The Changing Roles of the Patent Officeand the Courts after Fujitsu / TI
  2. pp. 555-563
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  1. 23 The Reform of the Japanese Tax System in the Latter Half of the Twentieth Century and into the Twenty-first Century
  2. pp. 564-582
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  1. 24 Some Observations on the Japanese Tax System at the Beginning of the Twenty-first Century
  2. pp. 583-588
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  1. 25 Insolvency Law for a New Century: Japan’s Revised Framework for Economic Failures
  2. pp. 589-622
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  1. Appendix A: Dan Fenno Henderson: A Tribute
  2. pp. 623-630
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  1. Appendix B: Selected Writings of Dan Fenno Henderson
  2. pp. 631-638
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  1. Contributors
  2. pp. 639-642
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  1. Index
  2. pp. 643-667
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