Skip to main content Accessibility help
×
Hostname: page-component-788cddb947-jbkpb Total loading time: 0 Render date: 2024-10-16T01:23:24.585Z Has data issue: false hasContentIssue false

5 - Career Judge System and Court Decision Biases

Preliminary Evidence from Japan

Published online by Cambridge University Press:  04 December 2019

Yun-chien Chang
Affiliation:
Academia Sinica, Taipei, Taiwan
Get access

Summary

Laws are made by the judiciary as well as by the legislative and the executive branches of government. This book chapter explores how the career judge system of Japan affects the efficiency of court decisions both theoretically and empirically. We find evidence that judges under the career judge system are tempted to place great weight on case-handling efficiency rather than substantive efficiency, which leads to socially efficient outcomes in some cases, but suboptimal outcomes in others. We also highlight several important factors for the analysis of court behavior.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Calabresi, Guido. 1970. The Cost of Accidents: A Legal and Economic Analysis. New Haven: Yale University Press.Google Scholar
The Corporate Law Section of the Legislative Council. 2010. The Minute of the 7th Meeting. www.moj.go.jp/content/000060893.pdf (accessed August 1, 2018).Google Scholar
The Corporate Law Section of the Legislative Council. 2011. The Minute of the 14th Meeting. www.moj.go.jp/content/000081570.pdf (accessed August 1, 2018).Google Scholar
The Corporate Law Section of the Legislative Council. 2012. The Minute of the 18th Meeting. www.moj.go.jp/content/000097964.pdf (accessed August 1, 2018).Google Scholar
Fujita, Tokiyasu. 2011. The Supreme Court of Japan: Commentary on the Recent Work of Scholars in the United States. Washington University Law Review 88: 1507–26.Google Scholar
Kaplow, Louis. 1992. Rules versus Standards: An Economic Analysis. Duke Law Journal 42: 557629.CrossRefGoogle Scholar
Kono, Toshiyuki, Hayakawa, Yoshihisa, and Takahata, Hirofumi. 2008. Kokusai Saiban Kankatsu nikansuru Hanrei no Kinouteki Bunseki: Tokudan no Jijou wo Chushin toshite [A Functional Analysis of Case Law on International Jurisdiction: Focusing on the Special Consideration Doctrine]. New Business Law 890: 7281.Google Scholar
McElwain, Kenneth Mori, and Winkler, Christian. 2015. What’s Unique about the Japanese Constitution? A Comparative and Historical Analysis. Journal of Japanese Studies 41: 249–80.Google Scholar
Morita, Hatsuru. 2014. Reforms of Japanese Corporate Law and Political Environment. Zeitschrift füer japanisches Recht 37: 2538.Google Scholar
Ramseyer, J. Mark, and Rasmusen, Eric B.. 2003. Measuring Judicial Independence: The Political Economy of Judging in Japan. Chicago, IL: The University of Chicago Press.CrossRefGoogle Scholar
Ramseyer, J. Mark, and Nakazato, Minoru. 1999. Japanese Law: An Economic Approach. Chicago, IL: The University of Chicago Press.Google Scholar
Yaguchi, Koichi. 2004. Oraru Histori [Oral History]. Tokyo: GRIPS.Google Scholar
Yoshikai, Shuichi. 2013. Saibankan no Arukikata [Autobiography as a Judge]. Tokyo: Shojihomu.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×