Japanese Law

Autor: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 9780226703848
File Size: 22,15 MB
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In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato combine an economic approach with a clear and often amusing account of the law itself to challenge commonly held ideas about the law. Arguing against such things as the assumption that Japanese law differs from law in the United States and the idea that law plays only a trivial role in Japan or is culturally determined, this book will be recognized as a major contribution to the understanding of Japanese law. "A compelling economic analysis. . . . This book remains one of the few concerning Japanese law that successfully brings to life the legal culture of Japan." —Bonnie L. Dixon, New York Law Journal

Odd Markets In Japanese History

Autor: J. Mark Ramseyer
Publisher: Cambridge University Press
ISBN: 9780521048255
File Size: 34,28 MB
Format: PDF
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Employing a rational-choice approach, Professor Ramseyer studies the impact of Japanese law on economic growth in Japan. Toward that end, the author investigates the way law governed various markets and the way that people negotiated contracts within those markets. For much of the period at stake, the Japanese government was an oligarchy rather than a democracy; the judges operated a civil rather than common law regime; the economy grew modestly but erratically; and social customs changed rapidly and radically. As a result, this study applies an economic logic, but to markets in a vastly different world, in a different historical period, and with a different political regime and legal system. Findings reveal that the legal system generally promoted mutually advantageous deals, and that people generally negotiated in ways that shrewdly promoted their private best interests. Whether in the markets for indentured servants, prostitutes, or marriage partners, Odd Markets in Japanese History reports little evidence of either age- or gender- related exploitation.

Measuring Judicial Independence

Autor: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 9780226703879
File Size: 37,69 MB
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The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Japan S Political Marketplace

Autor: J. Mark Ramseyer
Publisher: Harvard University Press
ISBN: 9780674042537
File Size: 55,58 MB
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Mark Ramseyer and Frances McCall Rosenbluth show how rational-choice theory can be applied to Japanese politics. Using the concept of principal and agent, Ramseyer

Second Best Justice

Autor: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 022628199X
File Size: 40,26 MB
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Japanese society is as legalistic and rulebound as that of the US, yet Japanese people file far fewer lawsuits than Americans. Explanations for this behavior range from circular arguments about Japanese culture to suggestions that the Japanese court system is so slow-moving and unfriendly to plaintiffs that everyone knows better than to engage in it. However, there is much more to civil litigation in Japan, as preeminent scholar of Japanese law J. Mark Ramseyer explains inDoing Well by Making Do: Second-Best Judging in Japanese Law. With illustrations drawn from tort claims across many domainsauto accidents, product liability, medical malpractice, landlord-tenant law, and moreRamseyer shows that the low rate of lawsuits in Japan is compelled not by distrust of a dysfunctional system, but by a system that sorts and resolves disputes in such an overwhelmingly predictable pattern that only rarely do contesting parties find it worthwhile to involve themselves in the uncertainty of a trial. Japanese judges do not pretend to offer the level of particularized inquiry that one expects in American courts. The Japanese court system is not designed to find perfect justice. It is designed to make do.” Through close attention to key arenas of tort litigation, as well as more obscure corners of the law including labor, landlord-tenant, and consumer-finance disputes,Doing Well by Making Do offers a key to unlocking the aims, incentives, flaws, and virtues of the distinctive Japanese court system.

Contemporary Issues In Law And Economics

Autor: Thomas J. Miceli
Publisher: Routledge
ISBN: 1351596705
File Size: 37,16 MB
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Law and economics is the field of study devoted to understanding laws and legal institutions using the tools of economic theory. This growing subject has become a mainstream area of study in both law schools and economics departments and this book explores the "law and economics" approach to some of the most interesting questions, issues, and topics in law, order, and justice. Contemporary Issues in Law and Economics considers what economists call the "positive" analysis of the law – that is, using economic theory to explain the nature of the law as it actually exists. As part of this approach the author examines questions such as, what is the economic basis for the predominance of negligence rules in tort law? And, what is the explanation for the illegality of blackmail? Furthermore, another set of questions arises where the law seems to depart from the prescriptions of economic theory, and these issues are also examined in this volume. For example, the deeply rooted norm of proportionality between punishments and crimes, and the use of escalating penalties for repeat offenders, are both explored. With self-contained chapters written in a non-technical style, this book offers a rigorous discussion of the above themes while remaining accessible to those without formal legal or economic training. It offers the ideal introduction to the field of law and economics while also providing a basis for students in more advanced courses.

Economics Of Legal History

Autor: Daniel Klerman
Publisher:
ISBN: 9781783471683
File Size: 12,24 MB
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Generations of law and economics scholars have been fascinated by history, seeing in its institutions and laws a vast database for illuminating their theories. Equally, historians have seen economic analysis as a helpful tool with which to analyze legal institutions. As a result a vibrant field has emerged in which people trained in law, economics, history, and political science have all made significant contributions. This volume brings together the most essential works examining legal history from an economic perspective.

Law And Economics

Autor: Aristides N. Hatzis
Publisher: Routledge
ISBN: 1317550323
File Size: 22,50 MB
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The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.