The only book of its kind available in English, Civil Procedure in Japan is the most reliable and comprehensive reference on the broad subject of the Japanese civil justice system. Civil Procedure in Japan discusses the problems encountered in litigating a civil controversy in the chronological order in which they are most likely to arise. Since civil procedure, as all law, is a product of historical developments and since it cannot be understood without reference to the political structure within it is to operate, Chapter 1 presents the historical background to date of the development of court procedure. The chapter looks at Japan's political organization (Executive, Legislative, etc), the court structure, and the sources of law. Chapter 2 is devoted to a look at the world of Japanese Legal Profession including legal education and non-Japanese lawyers in Japan, while Chapter 3 is an overview of the Judiciary as a whole. Chapter 4 sets forth the basic concepts involved in the judiciary authority and its interface with other governmental authorities. Subsequent chapters deal with practical issues of civil procedure, starting with Chapter 5 through Chapter 8, the trial is traced from beginning (parties to action and pre-commencement preparation including provisional remedies) through appellate procedures. Chapters 8 and 9 deal with various judicial proceedings outside of typical civil actions. Chapter 11 specifically explains various insolvency proceedings from straight bankruptcy to corporate reorganization. Chapter 12 is devoted to the arbitration law of 2002. Chapter 13 is about various terms of the court costs. Enforcement of civil judgments is treated in detail in Chapter 14. Finally, Chapter 15 is reserved for international cooperation in litigation and sets forth Japan's bilateral arrangements for international co-operation. Furthermore, appendices include an English translation of the Code and Rules of Civil Procedure of 1996 and other important statutes, English translations of sample judgments, glossaries, bibliography, ect.

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.

The Japanese Legal System in a Nutshell by Professors Colin P.A. Jones and Frank S. Ravitch provides a thorough and up-to-date overview of Japan's legal system and system of government. Focusing on practical aspects of the subject, it covers the law-making process, constitutional theory and reality, the civil, criminal and administrative justice systems, the environment of business law and regulation and the Japanese legal professions. Importantly, it also provides a context for understanding the Japanese legal system in readily comprehensible terms, including historical background and the different (compared to the United States and other common law systems) role and organization of the courts as part of an overall system of government.

In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.

This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law. This makes this book an essential reference work for all who have an interest in Japanese law.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan.

The Japanese Legal System by Professors Colin P.A. Jones and Frank S. Ravitch provides the most comprehensive and up-to-date overview of Japan's system of law and government available in English. Focusing on practical aspects of the subject, it covers the law-making process, constitutional theory and reality, the civil, criminal and administrative justice systems, the environment of business law and regulation and the Japanese legal professions. Importantly, it also provides a context for understanding the Japanese legal system in readily comprehensible terms, including historical background and the different (compared to the United States and other common law systems) role and organization of the courts as part of an overall system of government.

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.