My Key Phrase for Understanding Japanese Law: Japan as a Normal Country…With Context

Abstract

This essay argues that it is not a good idea to propose keywords to help find the "essence" of Japanese law. In fact, such an approach may well be the problem as we search for a single lens with which to analyze a complex society. Our perceptions of Japan, related to both exaggerated views of early postwar success and subsequent failure and to a preoccupation with cultural explanations, may hinder, rather than aid, careful analysis of Japanese law and its impact on society.

This essay instead proposes that we treat Japan as a "normal" country that has both similarities to and differences with other advanced societies. Those with expertise and experience in Japan can contribute to the understanding of Japan by supplying the Japanese context in which law operates.

Many of the problems of perceptions and stereotypes that involve Japanese law and society are also shared with China and other Asian and non-Western societies. Japanese law scholars should also make greater efforts to collaborate with other Asian law scholars to counter exaggerated cultural perceptions and to increase understanding of their work among general legal comparativists and the general public.

Keywords: Japan, Japanese law, comparative law, Asian law

JEL Classification: K33, K40