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Second-Best Justice
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Second-Best Justice: The Virtues of Japanese Private Law

J. Mark Ramseyer

Abstract

Japanese people file few lawsuits. They do not file few suits because the Japanese culture discourages them from asserting their claims(After all, they do assert their claims.). Neither do Japanese file few suits because they face institutional barriers to litigation. They face fewer barriers than American claimants face. Instead, Japanese file fewer suits because they face a legal system that signals to them—in advance—the amounts they would collect or owe if they did take their dispute to court. If they know what the judge would say if they asked, they have little reason to actuallyask him. ... More

Keywords: second-best, litigation, settlement, Japan, predictability, attorneys, culture

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780226281995
Published to Chicago Scholarship Online: May 2016 DOI:10.7208/chicago/9780226282046.001.0001

Authors

Affiliations are at time of print publication.

J. Mark Ramseyer, author
Harvard University Law School