The Japanese Legal System : Introductory Cases and Materials / edited by Hideo Tanaka; assisted by Malcolm D.H. Smith.

Acknowledgment
Legend
The Constitution of Japan, 1946
Constitution of the Empire of Japan, 1889 [Meiji Constitution]
A Very Brief Introduction to the Japanese Language
Form of Citation of Japanese Legal Materials
CHAPTER ONE
OUTLINE OF CONSTITUTIONAL AND LEGAL SYSTEM
Section 1
The Constitutional System of Japan
Note: Political Parties

Section 2
Organization of Courts
Note: Organization of Courts under the Meiji Constitution

Section 3
Sources of Law

CHAPTER TWO "LEGAL PROCESS" IN JAPAN
Section 1
"Interpretation" of Statutes by Courts
Tokyo District Court Judgment, March 29, 1969 [Saijo v. Kageyama]
Supreme Court Judgment, February 2, 1967 [Fukutomi v. Fukutomi] Supreme Court Judgment, February 16, 1961
[Japan v. Udagawa] Supreme Court Judgment, February 19, 1952 [Inouye v. Inouye]
Tokyo District Court Judgment, November 9, 1957 [Tanaka v. Nishiwaki]
Supreme Court Judgment, June 6, 1962 [Tanaka v. Nishiwaki]
Supreme Court Judgment, November 18, 1964 Kawabe v. Yoshimaru] Supreme Court Judgment, November 13, 1968 Nakamura v. Kobayashi]
Note: Use of Legislative History in Interpretation of Statutes
Section 2
Interpretation of Penal Statutes
Supreme Court Judgment, June 27, 1956 [Japan v. Saitōl
Sapporo High Court Judgment, May 6, 1965 Kobayashi v. Japan]
Supreme Court Judgment, March 1, 1955 (Mizuno v. Japan)
Great Court of Judicature Judgment, May 21, 1903 [Japan v. Fujimura]
Great Court of Judicature Judgment, August 22, 1942 [Egawa v. Japan]
Supreme Court Judgment, September 9, 1958 (Furuta v. Japan]
Supreme Court Decree, September 19, 1967 [Mori v. Japan]
Section 3
"General Clause" (Ippan Jökō)
A. "Public Policy or Good Morals" (Kōjo Ryōzoku)
Supreme Court Judgment, October 7, 1955 Fujita v. Okazaki]..
B. Abuse of Right (Kenri Ran'yo)
Great Court of Judicature Judgment, October 5, 1935 [Shinagawa v. Kurobe Rd.] Great Court of Judicature Judgment, June 28, 1938 [Samejima v. Honda]
C. Fidelity and Good Faith (Shingi Seijitsu) Great Court of Judicature Judgment, December 18, 1920 [Mukõyama v. Yoshikawa] D. "Jori" (Natural Reason)
Section 4 "Interpretation" of Contracts
A. Introduction
B. "Reibun" Kaishaku (Interpretation of "Stereo- typed Provisions") Tokyo District Court Judgment, 1912 (exact date unknown) [Harada v. Ishii].
C. Implied Manifestation of Intention (mokuji no ishi hyoji)
Great Court of Judicature Judgment, May 24, 1933 [Kurihara v. Daiichi Fire and Marine Insurance Co.]
D. Standard Form Contract (Yakkan)
Tanikawa, Kigyō-Torihiki to Ho (Business Trans- actions and Law).
Supreme Court Judgment, June 10, 1971 [Fuji- bayashi v. Fuji Bank]
Tokyo District Court Judgment, June 22, 1970 [Showa Petroleum Co. v. Taisho Marine and Fire Insurance Co.].
Osumi, Shōhō Sosoku (General Part of the Commercial Code) 80-81
Section 5
Judicial Precedents
Hozumi, Hashigaki (Foreword) to Shinzoku Ho Sözoku Hō Hanrei Hihyo (Comments on Cases concerning the Law on Domestic Relations and Succession)
Suehiro, Jo (Preface) to Hanrei Mimpō: Taisho 10 Nendo (Case Law in the Field of Civil Law: 1921)
Yunoki, Hanrei Kenkyū no Mokuteki to Hōhō (Objectives and Methods of Studies of Precedents)
Great Court of Judicature Judgment, October 3, 1910 [Miura v. Kozawa]
Great Court of Judicature Judgment, June 5, 1919 [Kabutomori v. Honda]
Great Court of Judicature Judgment, May 30, 1927 [Daiwa Transport Co. v. Imai-"Zannen
Hanketsu"]
Tokyo Court of Appeals Judgment, May 26,1933 [Tokyo Express Co. v. Sugiura]
Supreme Court Judgment, November 1, 1967 [Kurosu v. Bandō Transport Company]
Great Court of Judicature Judgment, January 26, 1915 [Yanaka v. Nozawa]
Great Court of Judicature Judgment, March 21, 1919 [Tanizaki v. Kurihara]
Great Court of Judicature Judgment, June 11, 1919 [Nohara v. Yoshizawa]
CHAPTER THREE
DEVELOPMENT OF JAPANESE LAW
SINCE 1867
Section 1
Introduction
Takayanagi, A Century of Innovation: The De- velopment of Japanese Law, 1868-1961
Section 2
Impact of Foreign Law and Legal Scholarship
Noda, Nihon ni okeru Hikaku-hō no Hatten to Genjo (Comparative Jurisprudence in Japan: Its Past and Present).
Hoshino, Nihon Mimpō-ten ni Ataeta Furansu
Mimpō no Eikyō (Influence of French Civil
Law upon the Civil Code of Japan)
Kitagawa, Theory Reception-One Aspect of the Development of Japanese Civil Law Science
Itō, Nihon ni okeru Gaikoku Hō no Sesshu: Igirisu Ho (Impact of Foreign Law in Japan: English Law)
Tanaka, Nihon ni okeru Gaikoku Hō no Sesshu: Amerika Hō (Impact of Foreign Law in Japan: American Law).

CHAPTER FOUR
THE ROLE OF LAW AND LAWYERS IN JAPANESE SOCIETY
Section 1
Introduction
Tanaka, Jittei Hogaku Nyūmon (Introduction to the Study of Positive Law)
Kawashima, Dispute Resolution in Contemporary Japan
Section 2
Attitude of Japanese People Toward Law
Ben-Dasan, The Japanese and the Jews
Noda, Nihon-jin no Seikaku to sono Hō-kannen (The Character of the Japanese People and Their Conception of Law)
Section 3
Reflections of People's Attitude upon Law
A. Introduction
B. "Both Parties are to Blame" (Kenka Ryōseibai)
Great Court of Judicature Judgment, January 23, 1932 [Osada v. Japan]
C. Emphasis upon Repentance Dando, Keiho Köyő: Söron (Elements Law: General Parts) 421-24. of Penal Supreme Court Judgment, July 4, 1956 [Okuri v. Kageyama] Section 4 Attitude of Japanese Law Toward Law.33 Tanaka & Takeuchi, The Role of Private Persons in the Enforcement of Law: A Comparative Study of Japanese and American Law
Section 5 "Administrative Guidance"
Narita, Administrative Guidance
Supreme Court Judgment, June 4, 1963 [Gover- nor of Tochigi Prefecture v. Nakamoto] Yamanouchi, Administrative Guidance and the Rule of Law "Administrative Guidance" and Antimonopoly Law [newspaper clippings].
Section 6
Recent Trends in Japanese Attitudes and Approaches to Litigation
A. Resort to Litigation in New Situations [Newspaper clipplings]
B. The Legal Process and Industrial Japan [Newspaper clippings]
1. The Shinkansen and Noise Pollution.
2. Noise Pollution Attributed to Aircraft.
3. Tort Claims Involving Products Liability..
a) Cases Concerning Pharmaceuticals.
b) The Morinaga Case
C. The Japanese System Through Foreign Eyes [Newspaper clippings]
CHAPTER FIVE
COURTS AND PROCEDURE
Section 1
Problems in the Japanese Judicial System Mikazuki, Saibansho Seido (Judicial System)
Section 2
Delays in Court Proceedings
Supreme Court Judgment, December 20, 1972 [Pak v. Japan]
Section 3
Participation by Laymen in Judicial Proceedings
Urabe, Wagakuni ni Okeru Baishin Saiban no Kenkyň (A Study on Trial by Jury in Japan)
Section 4
Conciliation
Tanaka, Jittei Högaku Nyümon (Introduction to the Study of Positive Law) 289-94
Rinji Chôtei Seido Shingikai Toshin-sho (Report of the Ad Hoc Deliberative Council on the Conciliation System)
Section 5
Basic Problems in Procedure
A. Civil Procedure
Tanabe, The Processes of Litigation: An Experiment with the Adversary System
B. Criminal Procedure
Nagashima, The Accused and Society: The Adminis- tration of Criminal Justice in Japan

CHAPTER SIX THE PROFESSION
Section 1
Introduction: Divided Profession
Section 2
The Three Branches of the Profession
Note: Reappointment of Judges of Inferior Courts
Section 3
Quasi-Lawyers
Section 4
Legal Education
Abe, Education of the Legal Profession in Japan.. 5 Statement by the Dean of the Faculty of Law, University of Tokyo [concerning the Proposal for a One Year Extension of its Period of Education] on November 9, 1966.
Section 5
The Foreign Lawyer in Japan
Fukuhara, The Status of Foreign Lawyers in Japan

CHAPTER SEVEN
CONSTITUTIONAL HISTORY SINCE 1867
Section 1
Meiji Constitution
Takayanagi, A Century of Innovation: The Development of Japanese Law, 1868-1961 Miyasawa, Kempo (Constitutional Law) 27-43
Section 2
Making of the Constitution of Japan, 1946
Ward, The Origins of the Present Japanese Constitution
Tanaka, A History of the Constitution of Japan of 1946
Takayanagi, Ohtomo & Tanaka, Nihon-koku Kempo Seitei no Katei (The Making of the Constitution of Japan) vol. 1: Documents. 668
Miyasawa, Kempo (Constitutional Law) 47-49, 59-61
CHAPTER EIGHT
JUDICIAL REVIEW
A. Introduction
B. Standing
Supreme Court Judgment, January 19, 1962 [Sakamoto v. Japan]
C. The Supreme Court
CHAPTER NINE "RENUNCIATION OF WAR" CLAUSE
A. Legislative History of Article 9 of the Constitution
Takayanagi, Ohtomo & Tanaka, Nihon-koku Kempo Seitei no Katei (The Making of the Constitution of Japan) vol. 2, 43-46
Excerpts from the Record of the Meeting of General Whitney etc. with Dr. Matsumoto etc., on February 23, 1946.
B. Scholarly Opinions
Kobayashi, Kempo Kõgi (Treatise on Con- stitutional Law) 191-95, 199-205, 648-49.69
Itō, Kempő Nyūmon (Introduction to the Study of Constitutional Law) 116-24
Note: Facts about the Self-Defense Forces
C. Litigation
Supreme Court Judgment, December 16, 1959 [Sakata v. Japan-The "Sunakawa Case"] Sapporo District Court Judgment, September 7, 1973 [Itō v. Minister of Agriculture and 1973 Forestry]
D. Postscript
Ben-Dasan, The Japanese and the Jews 11-19
CHAPTER TEN
CONSTITUTIONAL GUARANTEE OF HUMAN RIGHTS
Section 1 Equality under the Law
A. Introduction
B. Re-apportionment
Supreme Court Judgment, February 5, 1964 Koshiyama v. Chairman, Tokyo Election Administration Commission]
C. Heavier Penalty for Patricide
Supreme Court Judgment, April 4, 1973 [Aizawa v. Japan]
D. Equality of the Sexes
E. Minority Groups in Japan
Section 2 Freedom of Thought and Freedom of Expres sion.....
A. Freedom of Religion Nagoya High Court Judgment, May 14, 1971 [Sekiguchi v. Suminaga] B. Freedom of the Press
Supreme Court Judgment, June 25, 1969 (Kawachi v. Japan]
Supreme Court Decree, November 26, Ex parte R.K.B. Mainichi Hōsō Co.]
C. Obscene Publications
Supreme Court Judgment, March 13, 1957 Koyama v. Japan-Chatterley Case]
Supreme Court Judgment, October 15, 1969 (Ishii v. Japan)
D. Censorship.
E. Freedom of Making Public Demonstrations and Other Methods of Expressing Views
Supreme Court Judgment, July 20, 1960 [Japan v. Ito]
Supreme Court Judgment, June 17, 1970 [Yamagishi v. Japan]
Section 3 Right to Property
Supreme Court Judgment, December 23, 1953 [Tanaka v. Japan]
Supreme Court Judgment, June 20, 1963 [Japan v. lida]
Section 4 Social Rights
A. Introduction
B. "Minimum Standards of Wholesome and Cul- tured Living" in Article 25
Supreme Court Judgment, May 24, 1967 [Asahi v. Minister of Health and Welfare]
C. "Right of Workers"
Supreme Court Judgment, April 25, 1973 [Tsuruzono v. Japan].
Section 5 Procedural Rights
A. Introduction
B. Habeas Corpus Supreme Court Judgment, September 28, 1955
[Yang v. Director, Yokohama Internment Camp for Illegal Entrants].
C. Confession
Supreme Court Judgment, July 1, 1966 [Abe v. Japan]
Note: The Supreme Court Cases on Exclu- sionary Rules
Note: Other Significant Cases on Article 38 of the Constitution
D. Privilege against Self-Incrimination Supreme Court Judgment, May 2, 1962 [Saitō v. Japan]
E. Search and Seizure.
Supreme Court Judgment, June 7, 1961 [Japan v. Arima]
Supreme Court Judgment, November 22, 1972 [Suzuki v. Japan-Kawasaki Minshō Case]..
F. Due Process: Notice and Hearing in the Ad- ministrative Process Supreme Court Judgment, November 28, 1962 [Japan v. Kunihiro]
Supreme Court Judgment, October 28, 1971 [Chief, Tokyo Land Transport Bureau v. Kawakami]