Second-Best Justice
The Virtues of Japanese Private Law
9780226281995
9780226282046
Second-Best Justice
The Virtues of Japanese Private Law
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent.
With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically.
An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically.
An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
256 pages | 2 halftones, 6 line drawings, 55 tables | 6 x 9 | © 2015
Asian Studies: East Asia
Law and Legal Studies: International Law, Law and Society
Reviews
Table of Contents
Acknowledgments
Chapter 1. Doing Well by Making Do
Chapter 2. A Tort System That Works: Traffic Accidents
Chapter 3. A System with Few Claims: Products Liability
Chapter 4. Few Claims, but for a Different Reason: Medical Malpractice (I)
Chapter 5. Medical Malpractice (II)
Chapter 6. Wrong but Predictably Wrong: Labor, Landlord-Tenant, and Consumer Finance
Chapter 7. A Second-Best Court
Chapter 8. Conclusion
Notes
References
Index
Chapter 1. Doing Well by Making Do
Chapter 2. A Tort System That Works: Traffic Accidents
Chapter 3. A System with Few Claims: Products Liability
Chapter 4. Few Claims, but for a Different Reason: Medical Malpractice (I)
Chapter 5. Medical Malpractice (II)
Chapter 6. Wrong but Predictably Wrong: Labor, Landlord-Tenant, and Consumer Finance
Chapter 7. A Second-Best Court
Chapter 8. Conclusion
Notes
References
Index
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