Justice and Civil Procedure in Japan

Justice and Civil Procedure in Japan

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Obtaining justice through Japan's civil justice system requires a nuanced understanding of Japanese legal culture, particularly the fundamental differences between the notion of individual rights that underlies American law and the adversarial system, and the deeply ingrained sense of 'group rights' and conciliation that is becoming more a part of the way law in Japan is actually practiced. This timely guide is unique in relating modern civil procedure to aspects of Japanese society from both the feudal and prewar period. Particularly useful for the busy practitioner is the checklist of differing societal and cultural approaches of the American and Japanese systems that have major impact on current legal practices. Also includes an in-depth analysis of: Am The philosophical bent of the supreme court Am How the judicial system has responded to the demands of the urban population Am How new reforms in lawyer training are expected to improve the civil justice system Am Contemporary avenues and uses of Alternative Dispute Resolution.The Japanese draft translation had used the word aquot;shikoaquot; for sovereignty but such term although it might technically be used ... 32 Constitution of Japan, Article 15 (3) provides for universal adult suffrage in connection with election of public officials. ... 34 John W. Dower, EMBRACING DEFEAT (W.W. Norton aamp; Company, 1 999) 393-394; Richard B. Finn, WINNERS IN ... POSTWAR CONSTITUTION (Edited and translated by Ray A. Moore) (Westview Press, 1997) 1 80; Marius B. Jansen, anbsp;...

Title:Justice and Civil Procedure in Japan
Author:Carl F. Goodman
Publisher:Oxford University Press, USA - 2004


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