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Articles | Comparative Law

Global Legal Traditions and National Legal Identity: The Dialectic of Foreign Influence and Indigenous Autonomy in Japanese Law

Bipisha Regmi

Bipisha Regmi

Nepal Law Campus

July 22, 2026
min read
Introduction to Japanese Legal History
Japan is an industrial powerhouse, highly active and wise in a global arena, along with its strong cultural values. It has its autonomy in framing its present legal system. It includes its dispute settlement mechanisms, cultural cooperation, way of life, and social interactions. Nevertheless, from the basic to the great overview, it is also true that Japan has been influenced by the outside world.  Japan adopted the Chinese model of hierarchical structure regarding its polity in the 5th century to suit Japanese territory. Old laws and statutes of Japan are also based on the Tang dynasty. Confucius, a highly revered philosopher, lived in China from 551 BC to 479 BC, leaving a profound impact and lasting legacy not only in China but also in many parts of the world, including Japan. 1

Similarly, the strong emperor system has existed in Japan since the time of the Mikado and Shogun. Until the 16th century, instability and chaos persisted in Japan. In the 17th century, the establishment of the Tokugawa clan enabled Japan to experience relative peace and security. However, different series of incidents, including the consequences of extreme isolation policy, unequal treaties, the impact of the industrial revolution, the presence of experts in the enactment of laws, foundational roles in enacting the constitution, and others, signify that Japan is the pertinent example of a legal system to be influenced by others in the world.
 
Autonomy of Japan in framing its current legal tradition. Tracing out its historical background and its consequences in the present day.

Peaceful settlement of the disputes
Japan is not a litigious society. It upholds peaceful and amicable settlement of disputes over all other methods. However, it could not last long when Japan implemented the strict isolation policy. In contrast to industrial democracies, especially Scandinavian countries, Japan has lower litigation rates. 2

History of the peaceful settlement of the disputes
  1. Cultural foundation of peaceful settlements of disputes in Japan.
The principles and ideologies of Japan have been heavily influenced by Confucius and Buddhism. The concept of wa （和）3, which means imagining the atmosphere and environment where all the people of the society co-exist and live in harmony.
  1. Nara and Heian period
It marks the time from 710 to 1185 in total. In this era, the transfer and initiation of Buddhism from China and Korea embarked on the momentous changes, which resulted in the change of way of living, interacting, and behaviors of the Japanese.4
  1. Samurai Code ( BUSHIDO)5
This code was a comprehensive document about the inner virtues and morality. The seven main virtues that the Samurai were expected to maintain were justice, courage, benevolence, respect, honesty, honor, and loyalty. 6 It talks about two types of morality. One which depends upon the discretion, i.e., inner conscience or mental capacity, whereas another one includes physical conduct like: to die when to die is right.7
  1. Mediation (Chojo)
In order to settle disputes between the samurai, villages, and the people, there existed mediation with the role of elders and leaders of the family. Those elders also choose reconciliation over retribution. 
  1. The Edo Period (1603–1868): Rise of the Tokugawa Shogunate and Legal Reforms
This period is considered a relatively more stable and peaceful period. It was also led by the amicable and peaceful settlement of disputes. There was a centralized government focusing on the social order and mechanisms.
  1. Post WWII
Even though Japan couldn't enact and make laws on its own because of different external reasons in every instance of law-making, it prioritized amicable methods of settling disputes.


Notable features of the Japanese legal system
  1. Family Court in Japan
Family court in the hierarchy of court structure presumes that family issues as the utmost and sensitive issues to be decided by legal reasoning along with emotion mixed with the social structure, interaction, and cohesion.
The Family Court was established on 1st January 1949, specialised in all family matters and juvenile delinquency. It consists of two ways of settling disputes: determination and conciliation. 8
Case of divorce:
  1. Judicial divorce is held in court.
  2. Divorce by mutual agreement. 9
Meanwhile, while handling every divorce case, conciliation is the foremost and important step to be taken in the Japanese family law.

2. Diplomacy of Japan 10
The Japanese diplomatic features hold a unique blend of the Asian society and a democratic nation. It is a nation committed to peace, prosperity, and equality, which is to be obtained by all the members of the society, from the adult to the minor. Everyone's role in maintaining harmony in daily interactions, consisting of kindness, compassion, humanity, and cooperative behavior, is expected and obligated of all.

3. Independence of the Judiciary
The separation of powers is guaranteed by the Constitution of Japan. Judges cannot be removed except by impeachment. "Career Judge System" exists in Japan. Similarly, judges cannot try to select the cases as they wish. The public has high integrity and believes in judges and the judiciary, which is completely different from the past. Traditionally, legal professions were considered dirty and unnecessary; the person involved in such professions was undervalued, but the present scenario has seen a shift in trust in the judiciary. 11

4. Investigating authority
Police authorities have an active role and perform a wide range of administrative activities to maintain public order and security. It includes various acts such as the Road Traffic Act and the Anti-Boryokudan Act. 12

5. Protection of social norms
Tokyo Good Manners Project (TGMP) 13 was started in 2016 to help and raise awareness in the public sphere. Japanese society is considered very polite and respectful, with great manners and discipline in day-to-day activities.  The general behaviors include:
  • Avoid talking too much or interrupting others,
  • Have Indirect communication,
  • Be humble,
  • Apologize,
  • Give Gift,
  • Be grateful,
  • Receive gifts gracefully,
  • Keep your distance. 14

Hereafter, the article presents an overview of the incidents and circumstances that led Japan to be influenced by other legal systems in the world, along with the impact of the continental and common legal systems.
 
  1. The extreme isolation policy of Japan.
In the 16th century, the vibrant exchange of Spanish and Portuguese occurred in Japan with the introduction of new goods and ideas. At the same time, Christianity had had profound impact on Japan. At the beginning of the 17th century, the Tokugawa shogunate arrived in Japan, which initially tolerated interactions with foreigners based on the interest of economic advancement. Later, with the aim of peace, stability, and prosperity, they enacted the isolationist policy. Somehow, its consequences did not only include economic sufficiency, controlled international trade, advancement and production of domestic goods, social stability and order, but also a whole lot of loopholes in the form of exceptions.
The exceptions consisted of Chinese and Japanese trade with the Dutch. Relatively, the latter were limited to certain Japanese ports with more restrictions. Japan also bore the rise of the Christian community named Kakure Kirishitan because of the suppression of Christianity. In spite of the restrictions of the Dutch, some communities of Japan had a curiosity in learning about the Western part of the world, i.e., Dutch learning called Rangaku.  
 
  1. Western demands for trade. 15
The U.S.A., Russia, France, Britain, and other countries were imposing a lot of pressure upon Japan for its trading activities. The consistent demand of these countries led Japan to change its isolation policy. Also, because of some instances of industrial and technological lag, 16 Japan was a country of contention.
 
  1. Impact of the Industrial Revolution in the West.
Similarly, the industrial revolution initiated in the West, which impacted Japan upon the importation of Western books, philosophies, and technological ideas, like those of the iron industry. Foreigners started having vested interests in Japan, especially America, seeing a lot of opportunities and starting to crush on Japan. The foreign power repeatedly forced Japan to enter into unequal treaties with the USA and other Europeans. 17 As a result, the Treaty of Kanagawa was the first treaty among all the unequal treaties that happened to Japan in those days. 18
 
  1. Treaties
Revolutions and struggles existed because of the entry of foreigners into Japan. At the same time, the Shogun became powerless, and all its power was vested in the emperors. After changing the isolation policy because of constant pressurizing factors by the westerners, they did different treaties, even the unequal ones, in meeting the following matters:
  1. To indulge in trade.
  2. Right to settle in certain specified cities in Japan: as the trade was flourishing, it required space for people to live on its premises.
  3. To have consular representations.
 
  1. THE MEIJI CONSTITUTION OF 1889 19This constitution shifted Japan from a feudalistic state to a constitutional monarchy. It was based upon the Prussian model, consisting of a bicameral legislature.20 In 1886, the demise of the Tokugawa shogunate, along with the political, social, and economic changes, returned power to Emperor Meiji. 21
 
  1. Western laws in Japan
Japan invited French and German professors named Boissonade and Roesler, respectively, to enact the modern laws. In the 1880s, Prof. Boissanade drafted a Criminal code which was similar to the French, and Prof. Roesler drafted a commercial code. Those codes were submitted to the parliament, resulting in a dispute between the conservatives who were in favor of the drafts and the progressives against them, over whether to pass modern laws or not.
After all, the drafts were rejected on the ground that law develops like a language and lies in the volksgeist, and it would be an injustice to enact laws which were drafted by others on their inner conscience and the foundation of their society. Therefore, in 1896 and 1899, the civil code and commercial code were drafted consecutively, but they were both very similar to the German Civil Code (BGB). 22
 
  1. Influence of BGB
The civil code procedure of 1890 was also based upon the German Model. The main reasons behind it were:
  1. It was very mature in the continental legal system.
  2. Japanese were appealed on the basis that it consisted of principles and ideas rather than rules.
  3. There were teachings of the pandects of Germany.
  1. Consequences of WWII
Japan was defeated by the U.S.A. and its allies in WWII. After that, the U.S.A. revised the constitution in 1946 with the American Model. The following alterations were made:
  1. Strengthening of the judiciary.
  2. Conversion of the inquisitorial model to the adversarial model.
  3. Provisions of the civil code- former family and succession laws were based upon the patriarchy. Later, men and women were given equality. 23
 
  1. Consequences of a monopoly market
Apart from Japan being defeated by the USA, there existed a monopolistic structure handled by the feudal lords. It resulted in the interference and enactment of anti-monopoly law, company law, and stock market supervision laws.
 
  1. Shift from the inquisitorial model to the adversarial model
Before WWII, Japan was influenced by the inquisitorial system of the continental legal system, which means the court and its mechanisms are actively involved in maintaining security and solving disputes. The first Criminal and Civil Code, based upon France and Germany, essentially established the inquisitorial model. However, under the influence of America, they reformed and shifted to an adversarial model in which the court appears like a battlefield, with each one explaining their side of the story. Right now, it has a hybrid system. 24
 
  1. Language and writing
Apart from the court structure and legal systems, continental art and culture have a heavy influence on Japanese art and culture. Confucianism and Buddhism have a vital role in shaping the governance system and daily activities of Japanese people.

Major influences of the common legal system on the Japanese legal system:
  1. Criminal justice
The basic principle of criminal law of the common legal system has been adopted by the Japanese legal system. It includes:
  1. The accused is innocent until proven guilty.
  2. The defendant is given the benefit of the doubt.
  3. The decision to prove guilty or not guilty is based on the defendant.
  4. The role of a prosecutor is to present facts, information, and knowledge to the court against the defendant and to plead for the punishment based on guilt.
  5. If you are unable to hire a lawyer, then the court will help you in doing so. 25
 
  1. Commercial law and corporate law
Some of the principles in corporate law are influenced by common law. Such as:
  1. Rights of the shareholders,
  2. Flexibilities in contract law,
  3. Corporate management and others.
The Japanese Securities Exchange law of 1948 was modeled on the Federal Securities regulations of the United States, especially the U.S Securities Exchange Act of 1934. It was copied in large sections, including its literal translation. 26
 
  1. Legal education
Legal education in Japan is influenced by the common law, teaching students to interpret the laws, precedents, and their rationales.
 
  1. Judicial decisions
Even though Japan does not follow the bindingness of the precedents, the Supreme Court decisions are somehow followed by the inferior courts.
 
  1. Hierarchy of courts
The family court, summary court, district court, high court, and Supreme Court form the hierarchical structure of the Japanese legal system. District courts have the territorial jurisdiction for the first instance of resolving disputes. It handles both civil and criminal cases. It also consists of the appellate jurisdictions, hearing the appeal of the summary court. In criminal proceedings, there is a provision for the participation of lay judges. In the majority of cases, disputes are solved by a single judge.
However, high courts deal with appeals against the family court, summary court, and district court. It is situated in eight different locations. The Supreme Court is the highest authority in solving disputes. The disputes include civil cases, criminal cases, violations of the constitution, and other administrative cases. 27 Somehow, this court's hierarchical order and basis are influenced by the common law tradition, especially from the U.S.A.

Influence of the civil legal system in Japan
  1. Written and codified laws
The founding feature of civil law is codification. Japan paved the way for codification after being influenced by German laws and the invitations of two distinct professors, as stated above. The notable codifications are the civil code, the commercial code, the criminal code, and the code of civil procedure.
  1. Legislative role in law-making.
In common law countries, the judiciary is given high power in making the essential laws. In contrast, civil law has a distinct separation of powers, enabling the legislature to enact the laws. Judiciary and judges are limited in deciding the cases rather than enacting the laws.

Conclusion
Looking back, the legal history of Japan was heavily influenced by other countries. Even their first and foremost ideology was founded in China, i.e., Confucianism. The laws and founding guidelines, including the constitution, are not solely made by them but are made of contributions from other nations. Clearly, it's a fact that in the era of globalization, a legal system neither remains isolated nor is it influenced by the legal traditions around the world. The Japanese legal system is a pertinent example of such a legal system.  It has been influenced by continental legal systems and common legal systems in various stages of development. On the other side, we cannot only assert upon its influencing instances.
 

About the Authors

Bipisha Regmi

Bipisha Regmi

I am a B.A.LL.B student at Nepal Law Campus with an interest in constitutional law, corporate law, and cybersecurity. Aiming to be a part of Nepal's evolving legal system.

View all posts by Bipisha Regmi

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