Japan’s low litigation rate cannot be explained by culture alone
Evidence
One explanation for the disparity is cultural differences. Traditional Japanese values, it is argued, are oriented toward consensus, avoiding conflict, and subsuming personal concerns in the interest of the group. If the reluctance to litigate has derived from traditional Confucian beliefs, then one would expect litigation rates to rise as the modernization of Japanese society undermined those beliefs. In fact, litigation rates in Japan today are lower than in the past, so something in addition to cultural factors must be involved. — G. Alan Tarr, Judicial Process and Judicial…, 1146
Categorization
- QUESTION: The author flags that culture cannot fully explain Japan’s low litigation rate but defers identifying what else drives it.
- XREF: connects to: State policy design, not culture, suppresses Japan’s litigation rate — G. Alan Tarr, Judicial Process and Judicial…, 1147; Japan’s low litigation rate defies modernization-based explanations since it is advanced and urbanized; Japan’s unique economy stems from its non-Western culture (+1 more)
Broader Connections
- Japan’s low litigation rate defies modernization-based explanations since it is advanced and urbanized
#corroborates(0.88) - Law’s neutrality is a myth; legal practice emerges from culture
#complicates(0.80) — Hilary Mantel, A Memoir of My Former Self- A Life in…, 643 - Japan’s unique economy stems from its non-Western culture
#complicates(0.75)