Law as a reason for action and inaction: the case of Japan

Purpose: Based on the theoretical proposition that the law is expected to function as a reason for action and inaction, this chapter examines the extent to which the law performs such a function in Japan. Methodology/approach: The results of several surveys conducted in Japan, as well as a survey co...

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1. VerfasserIn: Abe, Masaki 1959- (VerfasserIn)
Medienart: Druck Aufsatz
Sprache:Englisch
Veröffentlicht: 2025
In: Law and culture in Japan
Jahr: 2025, Seiten: 27-40
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Zusammenfassung:Purpose: Based on the theoretical proposition that the law is expected to function as a reason for action and inaction, this chapter examines the extent to which the law performs such a function in Japan. Methodology/approach: The results of several surveys conducted in Japan, as well as a survey conducted in both Japan and the United States using an identical questionnaire, are examined. Findings: In Japan, as far as the law guaranteeing the inviolability of property rights is concerned, the degree to which the law functions as a reason for action and inaction has increased rapidly over the past 50 years or so and is currently at a fairly high level. If we turn our eyes to the law in general, however, the degree to which the law performs such a function is not very high even today. In addition, comparative survey research shows that the degree to which the law performs such a function is lower in Japanese society than in American society. Originality/value: While it has been pointed out by researchers in various academic fields that the law is expected to function as a reason for action and inaction, there has been no study that has empirically analyzed the extent to which the law performs such a function in Japan based on the results of survey research. Therefore, this study advances empirical research on the social functions of the law.
Beschreibung:Literaturverzeichnis: Seite 39-40
ISBN:9781836088691
DOI:10.1108/S1521-613620250000030003