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Rethinking Contract Practice and Law in Japan

dc.contributor.authorHaley, John Owen
dc.identifier.citation1 J. E. Asia & Int'l. L. 47 (2008)en_US
dc.descriptionarticle published in law journalen_US
dc.description.abstractThis article explores "the Japanese advantage" in the enforcement of ex ante contract commitments in comparison with the United States, arguing that ostensible convergence of Japanese and United States contract practice in on-going business relationships is based on very different assumptions and conditions. Writing in the early 1960s Takeyoshi KaWashima in Japan and Stewart Macaulay in the United States described prevailing views and practices related to business agreements. Their respective observations indicated a tendency in both countries to avoid formal, legally enforceable contacts. For over four decades scholars on both sides of the Pacific have tended view these observations as grounds for arguing for a convergence of contract practice. Recent research efforts have attempted to verify empirically such convergence. On closer examination, however, the conclusions reached by Kawashima and Macaulay rest on very different assumptions.en_US
dc.format.extent1 PDF (26 pages)en_US
dc.publisherJournal of East Asia & International Lawen_US
dc.subjectContract practiceen_US
dc.subjectEx ante contract commitmentsen_US
dc.subject.lcshContracts -- Japanen_US
dc.subject.lcshContracts -- United Statesen_US
dc.subject.lcshKawashima, Takeyoshi, 1909-1992en_US
dc.subject.lcshMacaulay, Stewart, 1931-en_US
dc.titleRethinking Contract Practice and Law in Japanen_US

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