The Tuna Court: Law and Norms in the World's Premier Fish Market

Abstract

Legal scholars have long emphasized the corrosive impact of conflict on long-term commercial and interpersonal relationships. To minimize the negative consequences of such conflict, members of close-knit groups who anticipate future interactions create ways to resolve their disputes using internal group norms rather than state-enforced legal rules. From farmers Copyright © 2006 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t Assistant Professor, University of Pennsylvania Law School. Funding for the research and writing of this Article was provided by a Fulbright Scholarship from the Japan-U.S. Educational Commission and by the University of Pennsylvania Law School's Summer Research Fund. This Article has greatly benefited from the critical comments of Regina Austin, Cary Coglianese, Robert Ellickson, Marc Galanter, John 0. Haley, Edward Janger, Robert B. Leflar, Kristin Madison, Curtis Milhaupt, Gideon Parchornovsky, Mark Ramseyer, Edward Rock, Chris Sanchirico, Frank Upham, and Mark West, as well as participants at faculty workshops at the University of Pennsylvania, New York University/New York Law School, the University of Connecticut, and Hokkaido University. The staff of the Tokyo Metropolitan Government, including Maruyama Hiroshi, Nakatani K6ji, Tanaka Norihiko, and especially Takasaki Akinori, spent hours answering my questions and allowed me access to their data. Yanase Toshi of the Ginrinkai [Silver Scales Society] welcomed me to the Tsukiji library. Nozue Makoko of the Omono Gy6kai [Tuna and Swordfish Buyers Association] made sure that I did not leave his office until I had a better understanding of the tuna trade. Among the many buyers and sellers who shared their busy mornings with me, Matsuzaki Hidehiko was particularly helpful. At the Honolulu Fish Exchange, the hospitality of Assistant General Manager Brooks Takenaka and General Manager Frank Goto, and the access they afforded me, exceeded all reasonable expectations. I am grateful to Harry Scheiber of School of Law, University of California, Berkeley (Boalt Hall), for inviting me to present an early version of this paper at the 2005 Sho Sato Conference on Japanese Studies, and to the participants at that gathering for their comments, particularly Malcolm Feeley, David Johnson, Robert Kagan, and Tanase Takao. The law faculty at Waseda University, particularly Asako Hiroshi, Kamata Kaoru, Kurumisawa Yoshiki, Miyazawa Setsuo, and Shimizu Akio were gracious and intellectually engaging hosts during my time in Japan. Kojima Yukinaga of Mori Hamada & Matsumoto shared his insights on the Commercial Code and other legal issues, Ii Takayuki was an exceptional research assistant in Tokyo, Adam Brenneman provided invaluable help with the collation, presentation, and analysis of data, and the staff of Biddle Law Library at the University of Pennsylvania, especially Alvin Dong and Merle Slyhoff, researched and recovered innumerable essential documents. I dedicate this paper to Inoue Takao, a gifted chef, creative mind, and generous