Abstract
The Japanese legal system has been radically changed after the Meiji Restoration. Moreover, after the unconditional surrender of Japan, the American law has been partially adopted. The law sources in Japan are – first and foremost – acts, or customary law, such as trade or regional practices. A particular role in the Japanese legal system is played by precedents. The author analyses the precedent issues in the context of the judicial discretion and explains the nature of its exceptionally broad scope. Furthermore, the article examines the process related to applying analogy ( per analogiam reasoning) by courts as a possible manner of law development.
Highlights
Japanese legal system changed radically in the Meiji Revolution 150 years ago by the reception of the continental laws, and after the unconditional capitulation in 1945 by the reception of the American law partly
Its legal sources are above all the statutes which were enacted in the hope for the establishment of a new or reborn state, customary laws such as commercial or regional customs and lastly the reason
We cannot neglect the important role of the precedents for the development of our legal system
Summary
The Japanese legal system has been radically changed after the Meiji Restoration. After the unconditional surrender of Japan, the American law has been partially adopted. M in Japan are – first and foremost – acts, or customary law, such as trade or regional practices. A particular role in the Japanese legal system is played by precedents. The author analyses the precedent issues in the context of the judicial discretion and explains the nature of its exceptionally broad scope. The article examines the process related to applying analogy (per analogiam reasoning). U by courts as a possible manner of law development.
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