Book contents
- The Role of Lawyers in Access to Justice
- The Role of Lawyers in Access to Justice
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Appendices
- Contributors
- Foreword
- Acknowledgements
- Abbreviations
- 1 Understanding and Comparing Access to Justice
- Part I Access to Justice in Asia
- 2 Pro Bono, Legal Aid, and the Struggle for Justice in China
- 3 Access to Justice in India: Managing Multiple Mechanisms in a Restrictive Practice Environment
- 4 Access to Justice in Indonesia: Searching for Meaning
- 5 Access to Justice and Lawyer Independence in Japan
- 6 Improving Access to Justice in Malaysia: Introspection, Purpose, and Dynamism
- 7 Political Lawyers and the Legal Occupation in Myanmar
- 8 Alternative Lawyering versus Pro Bono in the Philippines: From Challenging an Authoritarian Government to Working with the State
- 9 Access to Justice in Singapore: A Government and Lawyer Dynamic
- 10 Public Interest Lawyering in South Korea: Standing on the Shoulders of Giants
- 11 A Hub, a Knot, and a Powerhouse: The Legal Aid Foundation and Access to Justice in Taiwan
- 12 Lawyers and Democratic Centralism in Vietnam
- Part II Comparative Perspectives on Access to Justice
- Index
5 - Access to Justice and Lawyer Independence in Japan
from Part I - Access to Justice in Asia
Published online by Cambridge University Press: 29 September 2022
- The Role of Lawyers in Access to Justice
- The Role of Lawyers in Access to Justice
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Appendices
- Contributors
- Foreword
- Acknowledgements
- Abbreviations
- 1 Understanding and Comparing Access to Justice
- Part I Access to Justice in Asia
- 2 Pro Bono, Legal Aid, and the Struggle for Justice in China
- 3 Access to Justice in India: Managing Multiple Mechanisms in a Restrictive Practice Environment
- 4 Access to Justice in Indonesia: Searching for Meaning
- 5 Access to Justice and Lawyer Independence in Japan
- 6 Improving Access to Justice in Malaysia: Introspection, Purpose, and Dynamism
- 7 Political Lawyers and the Legal Occupation in Myanmar
- 8 Alternative Lawyering versus Pro Bono in the Philippines: From Challenging an Authoritarian Government to Working with the State
- 9 Access to Justice in Singapore: A Government and Lawyer Dynamic
- 10 Public Interest Lawyering in South Korea: Standing on the Shoulders of Giants
- 11 A Hub, a Knot, and a Powerhouse: The Legal Aid Foundation and Access to Justice in Taiwan
- 12 Lawyers and Democratic Centralism in Vietnam
- Part II Comparative Perspectives on Access to Justice
- Index
Summary
Historically Japanese attorneys were understood to function outside the government, and compared to judges and prosecutors they occupied a lower position but one with the potential to be more independent. The government control exerted prior to and during WWII had a long-lasting impact on Japanese attorneys, motivating the bar to retain its independence despite high costs over many years. The prioritization of independence is particularly evident in the somewhat unusual adoption of mandatory ‘public interest’ activities by the larger bar associations in Tokyo and other major cities. The chapter examines the process of making and revising mandatory rules, and argues that the divergence of views regarding what constitutes ‘public interest activities’ suggests that mandatory rules serve multiple purposes, not necessarily related to access to justice. The chapter also suggests a four-part typology to examine the different public interest activities which attorneys in Japan carry out: (1) professional work, paid and unpaid, undertaken for those unable to afford it; (2) criminal and civil legal aid paid for with public funds; (3) activities for bar associations; and (4) other activities recognized by bar associations as public interest activities even though they do not utilize legal skills.
- Type
- Chapter
- Information
- The Role of Lawyers in Access to JusticeAsian and Comparative Perspectives, pp. 73 - 97Publisher: Cambridge University PressPrint publication year: 2022