概要 |
This innovative study provides practitioners with necessary background on the history and culture of Japanese law in order to prepare them for pursuing litigation in Japan. International lawyers with ...n interest in Japanese law will benefit from the expertise of experienced trial lawyer and international law practitioner Carl F. Goodman as he examines the practical requirements of obtaining justice through Japan''s civil system. This innovative study provides practitioners with necessary background on the history and culture of Japanese law in order to prepare them for pursuing litigation in Japan. International lawyers with an interest in Japanese law will benefit from the expertise of experienced trial lawyer and international law practitioner Carl F. Goodman as he examines the practical requirements of obtaining justice through Japan''s civil system. Obtaining justice through JapanÆs civil justice system requires an understanding of Japanese legal culture, particularly the fundamental differences between the notion of individual rights that underlies American law and the adversarial system, and the deeply ingrained sense of ôgroup rightsö and conciliation that is becoming more a part of the way law in Japan is actually practiced. This timely guide is unique in relating modern civil procedure to aspects of Japanese society from both the feudal and prewar period. Particularly useful for the busy practitioner is the checklist of differing societal and cultural approaches of the American and Japanese systems that have major impact on current legal practices. Recent changes to the system are discussed in detail, including the amendments to the New Civil Procedure Code (2004), reforms in the system of educating lawyers (2004) and modern avenues of Alternative Dispute Resolution (ADR). Justice and Civil Procedure in Japan provides a unique historical analysis to set the stage for an in-depth discussion of the Code and the issues likely faced while pursuing litigation in Japan. In-depth analysis is offered on: The philosophical bent of the supreme court How the judicial system has responded to the demands of the urban population How new reforms in lawyer training are expected to improve the civil justice system Contemporary avenues and uses of ADR This innovative study provides practitioners with necessary background on the history and culture of Japanese law in order to prepare them for pursuing litigation in Japan. International lawyers with an interest in Japanese law will benefit from the expertise of experienced trial lawyer and international law practitioner Carl F. Goodman as he examines the practical requirements of obtaining justice through Japan''s civil system. Obtaining justice through JapanÆs civil justice system requires an understanding of Japanese legal culture, particularly the fundamental differences between the notion of individual rights that underlies American law and the adversarial system, and the deeply ingrained sense of ôgroup rightsö and conciliation that is becoming more a part of the way law in Japan is actually practiced. This timely guide is unique in relating modern civil procedure to aspects of Japanese society from both the feudal and prewar period. Particularly useful for the busy practitioner is the checklist of differing societal and cultural approaches of the American and Japanese systems that have major impact on current legal practices. Recent changes to the system are discussed in detail, including the amendments to the New Civil Procedure Code (2004), reforms in the system of educating lawyers (2004) and modern avenues of Alternative Dispute Resolution (ADR). Justice and Civil Procedure in Japan provides a unique historical analysis to set the stage for an in-depth discussion of the Code and the issues likely faced while pursuing litigation in Japan. In-depth analysis is offered on: The philosophical bent of the supreme court How the judicial system has responded to the demands of the urban population How new reforms in lawyer training are expected to improve the civil justice system Contemporary avenues and uses of ADR 続きを見る
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