The Japanese political and legal system presents a complex picture. On the one hand, Japan is a democratic state, with strong civic and legal institutions. On the other hand, the country has characteristics of nondemocratic systems. It is a democracy yet just one party, the Liberal Democratic Party (LDP), has run the country almost continuously since the end of World War II. Japan is highly bureaucratic as well. Decisions affecting national policy are often made by ministries with substantial power and influence and ties to business and industrial groups. As a result, it is often said that Japan lacks the pragmatic approach to change that is common in Western democracies, and this is seen as contributing to Japan’s extended economic malaise. …show more content…
Elderly statesmen and party chiefs, not individual prime ministers, often make political decisions. Cabinet members are usually appointed to head ministries or agencies for very brief periods of time and at most establish only general policy control. Recently, commentators have begun to question this lack of action.
Japan’s legal system is very different from what most Westerners are used to. For example, only since 1986 have foreign legal consultants (Gaigokuho-Jimu-Bengoshi) been allowed to provide legal services. The requirements were modified in 1994 with the signing of the Amendments to the Foreign Attorney Law. In certain types of practices, licensed legal consultants from other countries can now practice together with Japanese attorneys.
Anyone planning on doing business in Japan should bear in mind that prefectures and municipalities may create laws and regulations independently of each other, so long as they do not contradict national laws. In other words, there are local laws and regulations in addition to laws that are consistent and uniform throughout the country. Each of the 47 prefectures may have a slightly different requirement concerning paperwork, for
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The judge makes the ruling and decides whether and how much to award as compensation; such cases do not go before a jury. Japan had a jury system at one time, but it was discontinued after five years since ordinary citizens were very reluctant to make important decisions about other people's lives. To deter people from filing suits, the plaintiff is required to pay a large filing fee and all legal costs; attorneys may not take cases on contingency.
One of the most significant differences between Japanese law and the law in many other countries has to do with the power of contracts. Japanese contracts are not necessarily meant to be binding. Rather, founded on trust (shinyô), they're often more short statements of mutual intent. The assumption is that if a change occurs in the circumstances of the contract, the terms will be
In the 19th century china and japan were under pressure when the west opened up foreign trade and relations. The industrial revolution created a wide gap between them and the west and left them behind in technology and the military. They both signed unequal treaties that forced them to open their ports and cities to foreign merchants. Both country's reacted very differently and this will be the topic of this essay.
Feudalism was a key component of life for those in both Western Europe and Japan. The two systems developed independently from each other yet still held a multitude of similarities. However, their many differences out shadow the unique parallels they shared. The major discrepancies between the two are found in each’s code, structure and regulations. Documents nine and ten, break down the feudal structures of Western Europe and Japan.
If the plaintiff and the defendant can solve the problem by themselves, the defendant only need to pay the loss of plaintiff. However, if the plaintiff does not agree to solve the problem privately, both plaintiff and defendant will go into a complicated process. Both side will need to pay for the court costs, bar fees, and so on. To win the case, it is necessary for both plaintiff and defendant to hire conscientious and expensive lawyers. After the case closed, the defendant will need to pay all the cost if the plaintiff wins the case, including victim’s lost, the court costs, and bar fees.
There are many nations that are continuously changing. Japan is one of the nation that is continually changing not only economy, but also the culture. According to the book, “the Western world was increasingly impinging upon Japan..” which result isolation from Europe and American. In the document 19.1 it stated, “We have issued instructions on how to deal with foreign ships on numerous occasions up to the present”. This have shown that the Japanese have isolated from foreign.
They also fund and subsidize the private enterprises. It encouragement the private entrepreneurs. Japan has also a similar approach as Germany
Parliament’s legislative branch of Government, with the three-part component, it is composed of the House of Commons, the Senate and the Queen (McTeer, 1995), who is represented by the Governor General in Canada (currently David Johnson) (G.G., 2015). These components of government serve more as a ceremonial role with such responsibilities as: “the installation of the Governor General; the Opening of Parliament; the Speech from the Throne, and Royal Assent ceremonies” (Parl. Library, 2011). The Governor General is appointed by the Prime Minister, who advises the Queen about who shall be appointed with a lengthy term of five years, which may eventually be extended (Parl. Library, 2011).
By saying this, the authors show they have tried to set agreed terms with
Terms which the communications of the parties concur or which are generally put forward in a writing expected by the parties as a last expression of their agreement regarding such terms as are incorporated in that may not be denied by confirmation of any former declaration or of a coexisting oral understanding yet may be clarified or supplemented. (https://www.law.cornell.edu) Additionally, necessities put forward in Section 2-201 must first be fulfilled if the agreement as adjusted is inside of its stipulations. Article II of the Uniform Commercial Code. A case of this segment can be Fairway Mach.
Since 1995, Japan’s dominant political party has been the Liberal Democratic Party (LDP). However, in August of 2009, the Democratic Party of Japan (DPJ) won the election by a landslide and became the dominant political party. That is, until 2012, when the LDP regained dominance once again. Even though the LDP had failed to win majorities before, the 2009 election was big news because not only did it lose majority but it also finished a distant second to the new majority DPJ. The drastic change in dominance in the 2009 election raises questions about why the LDP lost power and why it was able to bounce back three years later?
(Carrol) Japan was very traditional during the Tokugawa Shogunate; there were a number of changes under the shogun rule in Japan which were very similar to those seen in the industrial revolution in England. The shogun also tried to close japan to western influence, by prohibiting things such as Christianity
In the 1920’s, There was a clash in beliefs, those that wanted to stick to traditional militaristic ways were radicals and those that wanted to rapidly modernize were the moderates. The radicals wanted to abandon western ideas, and stick to direct imperialistic rule while the moderates strived for a democratic capitalist country. The radicals, wanting to be ruled by the military rather than a civilian government, had a unified purpose, increasing nationalism and chauvinism to immense levels. The radicals had many advantages over the moderates in terms of power. Before, Japan had made the ministers of the army and navy more powerful than even the cabinet.
Baron Kentaro Kaneko, the Japanese minister of commerce and agriculture, stated, “Japan . . . occupies a small amount of land and has a large population, with little material out of which to manufacture, hence has to rely upon the material imported from other countries” (Document 37- DBQ 14). By industrializing, Japan was able to dominate in the sale of manufactured goods like textiles, to those areas abroad that it was closer to than the more powerful Western countries. The success in economics greatly advanced imperialism in nations with more money, trade, and raw
Based on the reflections above, this chapter is going to examine sub question number 2: How has the Japanese working culture changed? Therefore this chapter will focus on the history of the working culture in Japan, starting from the 1950s, where America had established military facilities in Japan and began to influence the society, and Japan began to evolve from a feudal community to a capitalistic state (Hidaka, 2014). 5.1
Contracts can be made very widely from a written document to a verbal promise. There are some different types of contract. Mainly, it is distinguished to five groups, i) Oral and Written contract ii) Bilateral and Unilateral contracts iii) Express and Implied contracts iv) Void and Voidable contracts v) Distance selling contracts All these contracts have different features and impacts.
Criticism: Lazonick (1993) took up the challenge with porter regarding the issues of rivalry, issues regarding rivalry alone cannot pressure firm to produce more innovative products. When a firms faces too many issues from their competitors, they may rather choose to imitate their competitors’ products than innovate products at their own risk. When foreign competitors come up to take challenges with firms, firms would rather choose to be cooperative the business with their current competitors to prevent decline of products. Porter’s diamond framework concept most of the time focuses on the home based market due to competitiveness of a national business system is usually derive from their home based market (Porter, 1990). Single diamond framework