Second-best Justice: The Virtues Of Japanese Private Law by J. Mark RamseyerSecond-best Justice: The Virtues Of Japanese Private Law by J. Mark Ramseyer

Second-best Justice: The Virtues Of Japanese Private Law

byJ. Mark Ramseyer

Hardcover | November 19, 2015

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It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent.

With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically.

An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare. 
J. Mark Ramseyer is the Mitsubishi Professor of Japanese Legal Studies at Harvard University Law School. 
Title:Second-best Justice: The Virtues Of Japanese Private LawFormat:HardcoverDimensions:256 pages, 9 × 6 × 1.1 inPublished:November 19, 2015Publisher:University of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022628199X

ISBN - 13:9780226281995

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Table of Contents


Chapter 1. Doing Well by Making Do
Chapter 2. A Tort System That Works: Traffic Accidents
Chapter 3. A System with Few Claims: Products Liability
Chapter 4. Few Claims, but for a Different Reason: Medical Malpractice (I)
Chapter 5. Medical Malpractice (II)
Chapter 6. Wrong but Predictably Wrong: Labor, Landlord-Tenant, and Consumer Finance
Chapter 7. A Second-Best Court
Chapter 8. Conclusion


Editorial Reviews

"J. Mark Ramseyer’s latest book-length contribution to the scholarship on Japanese law is—as expected—articulate and insightful. It revisits the subject of why Japan has less civil litigation than the United States, and while some in the field of Japanese law might question the need to further pursue the seemingly interminable debate on this subject, Ramseyer presents some interesting new perspectives that are certainly worthy of consideration."