Nothing New in the (North) East? Interpreting the Rhetoric and Reality of Japanese Corporate Governance

Nottage, Luke

doi:10.2139/ssrn.885367

Cited by 6 publications

(3 citation statements)

References 68 publications

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“…West's study of karaoke noise disputes necessarily more messy and diffuse, and hence less susceptible to the extraction and quantitative analysis of "hard facts". 72 Likewise, David Johnson's acclaimed 2002 book on Japanese prosecutors relied heavily on interviews and extensive "participant observation". This went beyond case study based approaches in exploring how organisational as well as some aspects of broader culture interact with the law in this key area of criminal justice.…”

Section: Back To the Future: Bringing Back Culture Into Japanese Law Studiesmentioning

confidence: 99%

The Cultural (Re)Turn in Japanese Law Studies

Nottage¹

2008

VUWLR

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Commemorating Professor Tony Angelo's tireless efforts and multiple achievements in translating legal rules, principles and cultures from abroad, including many from Japan, this article focuses on an ongoing project to translate selected works of a leading Japanese legal sociologist, Professor Takao Tanase. Part 2 locates Tanase's critical "hermeneutical" understanding of law and society, or of facts and norms, within various paradigms in the English-language world of "Japanese Law". These include a first wave of culturalist approaches; a model instead emphasising the institutional barriers to invoking the law in Japan; another model emphasising "elite management"; and a very different "economic analysis" of Japanese law-related behaviour. Tanase's work instead joins an emerging "hybrid paradigm" that takes more seriously new understandings and measures of culture `project. As Tony taught us only too well, interpreting foreign legalese can be hard enough. But the most difficult task often lies in conveying the way it is embedded in a broader socio-legal praxis and discourse abroad. These challenges will not go away even in our globalised world, thereby securing the future for comparative socio-legal scholarship.

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Section: Back To the Future: Bringing Back Culture Into Japanese Law Studiesmentioning

confidence: 99%

The Cultural (Re)Turn in Japanese Law Studies

Nottage¹

2008

VUWLR

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“…Hostile corporate control events, once exceedingly rare in Japan, have become more common (Milhaupt 2005;Nottage 2006). The Japan Ministries of Economy, Trade and Industry (METI) and Justice released guidelines for defensive measures against hostile takeover bids in 2005, around the rather nebulous notion of 'corporate value', which they saw as something analytically distinct from shareholder value (Whittaker and Hayakawa 2007:20).…”

Section: Corporate Mobilitymentioning

confidence: 99%

Open, secure, influential?

Pokarier¹

2007

Japan's Future in East Asia and the Pacific

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“…Such a discussion would qualify as an interesting, but largely unneeded, digression. Those readers specifically interested in this topic might benefit by looking at Nottage (2006). 8 The most quoted study which seems to have largely initiated serious empirical debates is by Kaplan (1994).…”

Section: Notesmentioning

confidence: 99%

If Corporate Governance is the Answer, What is the Question? The Illusory Relation between Structural Solutions and Japanese Deflation

Freedman¹,

Blair²

2007

Econ. labour relat. rev.

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Policy by assertion is an all too common temptation amongst economic analysts. Plausible stories substitute for closely developed economic theory backed by convincing empirical evidence. In the case of Japan, an extended period of deflation attracted numerous proposed policy responses. Structural explanations, typified by those relating to corporate governance, appear to be uncontroversial. On closer examination however, the causative mechanisms and actual evidence turn out to be seriously lacking. Instead, a collection of individually desirable objectives are bundled together to present an appearance, rather than a reality, of cause and effect. The result is a set of obvious solutions, but the associated policies remain largely dependent on assertion for their authority.

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Nothing New in the (North) East? Interpreting the Rhetoric and Reality of Japanese Corporate Governance

Cited by 6 publications

References 68 publications

The Cultural (Re)Turn in Japanese Law Studies

The Cultural (Re)Turn in Japanese Law Studies

Open, secure, influential?

If Corporate Governance is the Answer, What is the Question? The Illusory Relation between Structural Solutions and Japanese Deflation

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