This course provides a critical and interdisciplinary overview of the major legal and political developments that have shaped - and continue to shape - Japanese society. Drawing on perspectives from political science, law, history, and sociology, the course emphasizes both top-down and bottom-up processes in Japanese governance. It focuses on how law operates within society, particularly through constitutional, criminal, and civil law. However, the aim is not to analyze these laws in isolation, but to explore how they function within the social fabric of Japan.
Law is a fundamental aspect of everyday life in all societies: it provides predictability, helps avoid anarchy, and secures cooperation among members of society by prioritizing the common good over individual gain (law as a tool for stability in society). Law is also a tool for action when people or groups feel excluded, discriminated against, or believe they are being treated unjustly (law as a tool for social change). This course examines the central features of Japan's legal system, viewing law as a social institution and exploring its relationship with other societal systems. We will focus on the role of key actors in the legal system and the interplay between social stability, and change. Additionally, the course emphasizes the relationship between law and broader economic, political, and social processes.
From the perspective of the sociology of law (or socio-legal studies), we will examine how law serves as both a practical resource for addressing social issues (a tool for change) and a set of shared representations and aspirations (for stability). The course will explore how legal professionals (lawyers, judges, law enforcement officers) and ordinary citizens mobilize and use law. Due to time constraints, we cannot cover every aspect of Japan’s legal system or every actor involved. Instead, we will focus on key topics that illustrate the situational and systemic demands placed on actors within the legal system. At the same time, we will seek to identify patterns in how law interacts with and influences society.
Some of the topics we will address include Japan’s exceptional record in economic development, crime control, and its low litigation rate. These topics exemplify why Japan's legal system is so efficient; not only by examining how it functions today, but also by tracing its historical roots and understanding why it evolved in this way. We will also address topics such as the death penalty, wrongful convictions, same-sex marriage, and other areas of social activism where law is used to drive social change. These topics reflect the "reverse side of the coin," where law may not function effectively, and social activism seeks to change the situation. In sum, we will analyze the actual evolution of the rule of law in both the past and present, with an eye on the future of Japan and its place in a globalizing world. Therefore, this course combines methodologies from the sociology of law and legal history. We will also critically assess the limitations of law in Japan, asking which social issues remain unresolved by the legal system. Is Japan’s legal system an example for other countries to follow, or not? Ultimately, the goal is to critically examine both the merits and flaws of Japan's legal system in an informed and balanced manner.
By studying how conflicts are resolved, how social order is maintained, how movements for social change emerge, and how legal frameworks operate within Japan’s socio-political context, students will develop a comprehensive understanding of Japan’s legal system from the Meiji era (1868–1945) to the present day. Each class will begin with a methodological introduction, providing students with tools from the sociology of law, followed by the analysis of primary materials (e.g., court decisions, political speeches, legislative texts, personal diaries) and secondary readings that offer academic context.