Recht als Verwirklichung  individueller Ansprüche in Japan: Diskurse und Anwendungen

Moritz Bälz; Harald Fuess; Hiroki Kawamura; Marc Dernauer; Julius Weitzdörfer; Harald Baum; Daniel Kremers; Kazushige Doi

doi:10.71163/zjapanr.sh.9.2018

Law as Enforcement of Individual Rights in Japan: Discourses and Applications

Authors

Moritz Bälz (ed)

https://orcid.org/0000-0001-6427-6303

DOI: https://doi.org/10.71163/zjapanr.sh.9.2018

Synopsis

A recurring theme in the treatment of Japanese law and its unique qualities is the question of whether the law in Japan is, in a way similar to the legal systems of continental Europe and common law countries, understood and practiced as the enforcement of subjective rights. This highly complex question served as the main theme of the Law Section at the 16th German Conference on Japanese Studies (the “Deutschprachiger Japanologentag”), which took place from 25 to 28 August 2015, at Ludwig Maximilian University in Munich. The articles in this special issue are based on the contributions made during the Law Section. They aim to document and deepen the extraordinarily fruitful exchange that took place within the proceedings and make it accessible to a broad professional audience.

It goes without saying that we cannot conclusively determine the extent to which a less deeply rooted concept of subjective rights can actually be considered a characteristic feature of Japanese law. Rather, the following seven articles and the preceding outline of the topic are intended to advance the discussion by differentiating the issues involved, by examining the discussion historically from different perspectives, and by offering concrete examples from both general civil law and specific areas of law.

[Excerpt from Foreword]