The Role of Courts in "Making" Law in Japan: The Communitarian Conservatism of Japanese Judges

Abstract

Professor Haley is an outstanding international and comparative law scholars, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order of the Rising Sun (3rd Class) from the Emperor of Japan for his contribution to the discipline of Japanese law and education to Japanese legal professionals and academics. In honor of this achievement, the University of Washington School of Law and the Asian Law Center brought together distinguished scholars and Asian Law Center alumni to discuss the judiciary's increased role in Japan and Asia in two conferences. The following is Professor Haley's address at the University of Waseda, Japan, on October 22nd, 2012. In this speech, Professor Haley provides an overview of the role of legal precedent in Japan, both throughout its history and today.