![]() ![]() May be named gapplied legal studiesh, or g jitsuyo hogakuh ,īut in this paper, I will simply refer to it as gsecondary-internal nihon-hoh. To this sub-layer include many practitioners (judges, attorneys, prosecutors,Ĭorporate legal department ( homubu) staff members, etc.). This can be attested by theįact that academics do not hold a monopoly in this field of writing. Prosecutors and other legal professionals. These are addressed directly towards the legislators, judges, attorneys, In other words, they have ginternal standpointsh. They are characterized by their immediate concern of influencing Typical example of the first sub-layer is the bulk of kaishakuron In this sense, it is useful to distinguish two sub-layers of gsecondary They are mostly intended to serve as building blocks and to give insightsįor further studies, which in turn will affect the actors. (If they are, they have problems with their presentation.) For example, the extensive comparative law articles writtenīy virtually every Japanese legal academic are rarely intended to be usedīy practitioners. However, individual works may not necessarily be intended to affect Is to influence the actors in the world of gprimary nihon-hoh. Ultimate objective of gsecondary nihon-hoh as a collective Secondary g Nihon-hoh with an Internal Standpoint gcases are primary materialh, and glaw reviews are secondary material.h) 2. (gPrimaryh and gsecondaryh as used in, It includesīoth the formal and informal enforcement of law. The legal profession, bureaucracy, and even private citizens in so farĪs they have practical legal consequences on peoplefs lives. It encompasses the activities of actors such as legislatures, Which is the law as it is practiced in Japan. However, there is another layer of gnihon-hoh, This is gacademich in the sense that it may have no immediate ![]() To the body of academic literature on law in Japan written in the Japanese Taylor and Nottage mention the world of gnihon-hoh, they are referring To g Japanisches Rechth in the following comments.ī.The Anatomy of g nihon-hoh 1. Thus, I must almost totally exclude reference I also regretfully confess that the world of g Japanisches Rechth With the world of gJapanese lawh, but mostly that produced in the United I live in the world of g nihon-hoh,Īnd g minpo h in particular. Nonetheless, I will try to end in an upbeat mood.īefore I proceed, I must mention my background. But they seem to make a similar mistake by comparing wrong gworldsh.Īfter assessing the interaction of the gworldsh of Japanese legal studies (maybe too) optimistically in Part C, I will then cast a critical light on the autism that plagues g nihon-hoh in Part D. Taylor and Nottage are both well aware of this. lawyers/law when we compare attitudes toward contracts in the two countries. Know better than to compare Japanese businesspeople / business practices with U.S. This perspective is important in assessing whether gJapanese lawh and g Japanisches Rechth have had limited impact on g nihon-hoh. I will start out in Part B by explaining what I mean by this. g nihon-hoh stands out as having a distinct character: it is multi-layered. Among the three worlds of Japanese legal studies (gJapanese lawh, g Japanisches Rechth, and g nihon-hoh) identified by Luke Nottage , ![]()
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