Kent’s World:^*
A Personal Approach to the Various Worlds of Japanese Law

Kent Anderson^**

 

I want to make my contribution to the discussion of the various worlds of Japanese legal studies a personal rather than academic one.^[1] Thus, I write this in my informal voice. My decision to use this approach reflects the fact that after reviewing most of the contributions I can see trends and classifications, but I also see personalities and individual choices. In short, I see groupings based not on geography but personal decisions proudly and admittedly influenced by (1) the background of the writer, (2) her present environment, and (3) his intended audience.

I accept Nottage’s categories.^[2] In fact, I picked up the gist of his notions while I was a law student and came to refer to it as “hard law” (e.g., kaishaku-ron, Japanisches Recht, etc.) and “soft law” (e.g., Japanese Law, Law and Society, etc.). I read an article recently where Alan Stone of Harvard made a similar distinction in a totally different context using the terms “small ‘l’ law” and “big ‘L’ Law” respectively.^[3] I have minor differences with Nottage’s characterization of Nihon-hô, but I think my concerns in this area are sufficiently addressed by Sono.^[4] I also note at the outset that I do not have the language ability or background to comment on the Japanisches Recht world as it is derived from German scholarship.

Like Wolff, I first considered the issue by asking myself to which “world” I belonged and then wondering if I fit within any. I am an American; I went to an American law school; and I look predominately at commercial subjects; thus, I should be part of the “American School”. On the other hand, I also went to law school in Japan and England;

---