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HLS Library Book Talk | Mark Ramseyer, Second Best Justice: The Virtues ...

LS Library Book Talk | Mark Ramseyer, Second Best Justice: The Virtues of Japanese Private Law

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Harvard Law School

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On Sept. 30, The Harvard Law School Library presented a book talk and panel discussion in celebration of Professor J. Mark Ramseyer’s recently published book, Second Best Justice: The Virtues of Japanese Private Law (University of Chicago Press).

40 Comments

Sejin Lifeforce 生命

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Yeachan Oh

1 day ago (edited)

How can you call yourself as a scholar? No you are not a scholar. Please don’t insult genuine scholars. Please... please don’t. So so so so so shame on you.

Hwan EE

1 day ago

As a professor, congratulations on losing a minimum of conscience and dignity in the one of the best university in the world.

無名人

1 day ago

The dog is barking.

Jason Lim

19 hours ago

You should be ashamed mark.

Harvard University, which recognizes the wrong history, is also out of date hahaha

Ji won Mun

1 day ago

you do not deserve as a scholar

Lady Violette

1 day ago

He will be judged one day in the eyes of God and he will get his judgement

wildflowerOT

1 day ago

Also, look at this very White group... LOL

TheArkLade

1 day ago

No dignity, just goes for the dirty money I guess.

wildflowerOT

1 day ago

How much did this guy get paid? Also, pro-Japanese scholar? That explains everything. This is what the right wing Japanese do. They pay these one off foreign "scholars" to make these type of claims. This guy isn't the first.

Sungho Yoo

9 hours ago

Teenage girls being forced against their will into sexual slavery is clearly NOT prostitution. Don’t need to be a professor to see that. You do need to be human though.

바이매니아

1 day ago (edited)

"John Mark Ramseyer (born c. 1954) is Mitsubishi Professor of Japanese Legal Studies at Harvard Law School and a leading scholar on the subjects of Japanese Law and Law and Economics." HAHAHA Funny!

And Remember Pearl Harbor Sir! And There were many American soldiers died to fight with Japanese also. And the Mitsubishi is the company which make weapons to kill American soldiers.

doremi

1 day ago

C’est dégueulasse!!!

Jamie

1 day ago (edited)

똑바로 살아라. 잘못된 지식에 세뇌돼서 양심팔아먹고 거짓된 인생살지말고.

mariposa

11 hours ago

Mitsubishi(War criminal company) Professor

chrisp1961

1 day ago

Hello Mitsubishi professor,

It's revolting Mitsubishi, which was convicted war crime against humanity, pays for a professorship, and moreover the recipient of the money only writes what is palatable to the company.

I wonder if you consider yourself a scholar...

Should we wait for a Huawei professor or a Gazprom professor coming up with a differing opinion?

wildflowerOT

18 hours ago

From Time magazine:

Education: Mitsubishi at Harvard

Monday, Oct. 02, 1972

Japan has never had a tradition of private or corporate philanthropy. Nevertheless, last week the huge Mitsubishi group of industries gave $1,000,000 to endow a professorship in Japanese legal studies at Harvard Law School. The occasion was the 54th anniversary of a similar gift by U.S. Banker A. Barton Hepburn for a chair in American studies at Tokyo University Law School. For Mitsubishi, Harvard was a logical choice: it has both great prestige and some of America's foremost Asian specialists, including Edwin O. Reischauer, former U.S. Ambassador to Japan.

GG Lee

1 day ago

어릴때 일본에서 잘못된 역사교육 오랫동안 받으시고 논문도 사실 확인없이 쓰시는 mark ramseyer 교수.. 쯧쯧

K루키아빠

1 day ago

What a shame on Mitsubishi, War criminal corporation and a professor of the company!

ys Hyun

2 days ago

저 교수는 위안부를 매춘부로 표현하며 일본군과 성노예계약을 했다고 언급하고 있다. 위안부는 일본군과 계약이란 것을 맺은적도 없다. 일본군들은 성폭력은 물론이고 강제노동, 위안부 할머니들에게 한국어가 아닌 일본어를 강제로 말하게 했다.

친일파 엉터리 교수다. 저 사람이 교수라는 자체가 하버드에게는 수치다. 저사람의 강연을 듣는 미국인들은 바보다.

직장인작가Part Time Artist

1 day ago (edited)

Shame on you!! Professor Mitsubishi!!!

I should have watch this 54 minute Video to know about you professor Mitsubishi.

But I didn't have to do that actually.

Because everybody would know just in 5 minute that you made error as you said early in your video.

Like you said, the human being is trying to reconstruct the past.

Especially between Korea and Japan, we still many homework to do.

But yes.. we obviously can’t do that. I wasn't there. You weren’t there either.

I have people who saying Japan did it to them, but nobody in Japan say I did it.

Japan try to forget it and remain only their biases evidence. Their selective evidence.

And you are studying it and saying it's the only truth. It’s so shame on you. You can never see the right things with biased view.

You make other people hard to try to continue to do right on such as valuing human life precisely.

The history will judge you.

People in Harvard! Please read his last essay "Contracting for sex in the Pacific War".

And shame on you saying nothing.

Don't betray your conscience

Sham on you.

Sereno Choi

2 days ago (edited)

J. MARK RAMSEYER!! Are you Japanese??

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Second-Best Justice: The Virtues of Japanese Private Law Illustrated Edition, Kindle Edition

by J. Mark Ramseyer (Author) Format: Kindle Edition

ISBN-13: 978-0226281995

ISBN-10: 022628199X

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Editorial Reviews

Review

"Ramseyer argues that the relatively 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, he describes 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."

, Law & Social Inquiry

“Ramseyer—often unorthodox, rebellious, paradigm-subverting—has occasionally found himself cast as the enfant terrible of Japanese law, economics, and politics. With this marvelous book, Second-Best Justice, he again takes aim at conventional wisdom with a brilliant, measured, and highly contextualized takedown of the common belief that low litigation rates in Japan indicate that the Japanese legal system is fundamentally flawed. Ramseyer offers an alternative, ingeniously nuanced explanation for why Japanese don’t sue: The system aims for good, not perfection. Ramseyer’s argument is so compelling that it’s difficult to imagine his ideas won’t form the next conventional wisdom. With a cavalcade of evidence that powerfully challenges dominant counterarguments, Second-Best Justice is essential reading that is sure to spark controversy, as well as change minds.”

, Mark D. West, University of Michigan Law School

“This well-written book offers a wealth of fascinating information about Japan’s health care and legal systems. Ramseyer provides very concise and fascinating accounts of the labor practice and policy, landlord tenant law, consumer finance law, and more, which are set in historical context and both amusing and informative.”

, Lewis A. Kornhauser, New York University School of Law

“In predictably insightful and lucid fashion, Ramseyer shows how the Japanese legal system ‘makes do’ with relatively simple, predictable rules to resolve a variety of common disputes. The result, it turns out, is a legal system that functions just fine—perhaps much better than one aspiring to perfect, individualized justice. Second-Best Justice is an astute commentary on the Japanese legal system, and by implication, the US system to which it is often compared.”

, Curtis J. Milhaupt, Columbia Law School

“Replete with facts, figures, and statistical analyses, Second-Best Justice is a richly detailed examination of Japan’s ‘second-best’ system for handling personal injury cases—a system that, Ramseyer argues, puts the United States to shame.”

, Daniel H. Foote, University of Washington and University of Tokyo

"Readers of this publication can expect to learn new ideas on Japanese Law, written by a prominent professor. Using reliable and detailed statistical analysis, Ramseyer astutely presents counter arguments to dispel popular arguments about Japanese tort law. Despite difficulties with using the justice statistics (Shiho Tokei) published by the Supreme Court and a database of cases, the author splendidly overcomes these challenges."

, Social Science Japan Journal

"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."

, Monumenta Nipponica --This text refers to an alternate kindle_edition edition.

About the Author

J. Mark Ramseyer is the Mitsubishi Professor of Japanese Legal Studies at Harvard University Law School.

--This text refers to an alternate kindle_edition edition.

Product details

ASIN : B017EPEKCW

Publisher : University of Chicago Press; Illustrated edition (November 19, 2015)

Publication date : November 19, 2015

Language : English

File size : 1030 KB

Text-to-Speech : Enabled

Print length : 296 pages

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'Second-Best Justice: The Virtues of Japanese Private Law': Championing mediocrity in the courts

BY COLIN P.A. JONES

SPECIAL TO THE JAPAN TIMES

Apr 22, 2017

Ignore the irony of a tenured Harvard professor railing against the pursuit of excellence and employment security and J. Mark Ramseyer’s book is fun and enlightening.

Second-Best Justice: The Virtues of Japanese Private Law, by J. Mark Ramseyer.

352 pages

THE UNIVERSITY OF CHICAGO PRESS, Nonfiction.

By essentially settling for mediocrity, he argues, Japan’s civil justice system works better than America’s which, in seeking to offer excellent individualized justice to every plaintiff, actually delivers dismal results for most litigants and is easily hijacked by unscrupulous tort lawyers and frivolous class actions. Unlike American juries, Japanese judges decide predictably enough that lawyers (and insurers) know where to settle.

Even when judges get it wrong — Ramseyer cites overprotection of tenants and employees as examples — they do so predictably, meaning employers and landlords can plan accordingly. Some conclusions surprise: Japan has few medical malpractice trials because the public health insurance system is also mediocre, giving most doctors incentives to perform well-established routine procedures rather than try new treatments, a source of much U.S. medical malpractice litigation. At times his assumptions — seemingly based on the “law and economics” orthodoxy that informs much of his work — can distract: whether doctors are “good” is a function of how much income tax they pay, for example. That aside, it’s a useful overview of some key features of Japan’s legal system.

Read archived reviews of Japanese classics at jtimes.jp/essential.

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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.

2021-02-04

HLS Library Book Talk | Mark Ramseyer, Second Best Justice: The Virtues ...

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