The Changing Role of Law in Japan offers a comparative perspective on the changing role of law in East Asia, discussing issues such as society, cultural values, access to the legal system and judicial reform. This innovative book places Japan in the wider context, juxtaposed with Europe, rather than the US, for the first time.

Contents: 1. The Changing Role of Law in Japan: Empirical Studies in Culture, Society and Policy-Making: An Introduction Dimitri Vanoverbeke, Jeroen Maesschalck, Stephan Parmentier and David Nelken PART I: SETTING THE SCENE 2. Legal Culture and Social Change David Nelken 3. State/Society Synergies in Western and Japanese Economic and Judicial Reform Volkmar Gessner 4. Law, Culture and Society in modernizing Japan Ichiro Ozaki 5. Reforms of the Judiciary in Japan at the Start of the Twenty-first Century: Initial Assessment of an Ongoing Process Dimitri Vanoverbeke and Takao Suami PART II: THE LEGAL TURN? GROWING LEGALISM IN CONTEMPORARY JAPAN 6. Law in a Changing Economy: Law of Trade Credit and Security Interests in Context Souichiro Kozuka 7. Toward an Understanding of the ‘Japanese’ Way of Dispute Resolution: How is it Different from the West? Hiroshi Takahashi 8. Between ‘Benevolent Paternalism’ and Genbatsuka: Diversity in Japanese Criminal Justice Erik Herber PART III: THE TURN TO COURTS? A CHANGING ROLE FOR LEGAL ACTORS 9. Regulatory Enforcement of Environmental Law in Japan: An Analysis of the Implementation of the Water Control Pollution Act Ayako Hirata 10. Access to Attorneys in Japan and Judicial Reform Ryo Hamano 11. Institutional Change and Judicial Review in Contemporary Japan Tsukasa Mihira 12. Law in Japan: Culture, Situation and Behaviour Masayuki Murayama PART IV: THE (RE)TURN TO EUROPE? SIGNS OF CONVERGENCE 13. What Keeps Plaintiffs Away from the Court? An Analysis of Antitrust Litigation in Japan, Europe and the US Simon Vande Walle 14. Revisiting Japanese Exceptionalism within the Context of ‘Dynamic Patent Governance’: A Comparative Analysis of the Japanese and European Patent System Esther van Zimmeren 15. Rule of Law and Human Rights in the Context of the EU–Japan Relationship: Are Both the EU and Japan Really Sharing the Same Values? Takao Suami Index

‘The role of culture in the operation of Japanese law is one of the great questions of sociolegal studies. Discussions tend to polarize, between a simplistic view of cultural determinism and a more universalist approach that emphasizes institutions. This superb collection, with a diverse and accomplished set of contributors, takes culture seriously. It shows how legal institutions have both shaped and been shaped by Japanese legal culture. A state-of-the art assessment of Japanese law after more than a decade of reforms, this book is a must for anyone interested in understanding legal culture more broadly.’