Anaya Nolan
Japanese case law can be challenging to cite due to the lack of full publication of cases and the absence of official English translations. Commercial databases, such as Westlaw Japan and LexisNexisJP, play a crucial role in accessing case law, with Westlaw also offering news, journal articles, legal analysis, and business law information about Japan. The Saibanrei Jōhō website provides official case reports in Japanese since 1947, while the IP Judgments Database offers some English case reports from the Intellectual Property High Court. English translations of Supreme Court judgments are available on the Supreme Court website, but lower court decisions are not routinely translated. The University of Washington published an English citation form for Japanese legal materials in 1967, and English translations of select Japanese legal documents are available from the Cabinet.
| Characteristics | Values |
|---|---|
| Case naming method | The name of the court and the date of the judgment are generally used to search a case |
| Official case reports | Available on the Saibanrei Jōhō website and IP Judgments Database |
| English translations of Supreme Court judgments | Available on the Supreme Court website |
| Commercial databases | Westlaw Japan, LexisNexisJP, LEX/DB Internet, Dai-Ichi Hōki's D1-Law.com |
| English translations of Japanese laws | EHS Law Bulletin Series, published by Eibun Hōreisha since 1946 |
| English translations of Japanese legal documents | Available from the Ministry |
| Official English translations of Japanese laws | None |
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What You'll Learn
English translations of Japanese case law
Several legal journals on Japanese law are published in English, including the Asian-Pacific Law and Policy Journal (APLPJ), Asia-Pacific Journal: Japan Focus, Hitotsubashi Journal of Law & Politics, and the Journal of Japanese Law. The Journal of Japanese Law provides abstracts and articles in English, with a print version available in the University of California College of Law library in San Francisco. The Ritsumeikan Law Review, published by Ritsumeikan University Law Association (Kyoto, Japan), is also available online in English.
Commercial databases have played a vital role in Japanese case law research because cases are not fully published. Westlaw Japan and LexisNexisJP are two examples of such databases. The University of Washington published an English version of the citation form in 1967, entitled "Form of Citation of Japanese Legal Materials." The University of Washington Manual of International Legal Citation is also a useful tool when citing Japanese case law in English.
It is important to note that for all purposes of interpreting and applying the law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette. Any English translation of a Japanese law that has a tentative translation title has not yet been proofread or corrected by a native English speaker or legal translation expert and may be revised in the future.
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Commercial databases
The Ōhara Institute at Hōsei University offers a database of articles on social security law and labour law. Additionally, the E-Gov portal, administered by the Ministry of Internal Affairs and Communications, provides access to governmental information, including current laws, cabinet orders, ministry ordinances, white papers, and statistical data. The Shin Nihon Hōki Web Saito is another valuable resource for accessing accumulated government documents.
For those seeking insights into specific areas of law, there are several notable legal journals and publications. Hōritsu Jihō, published by Nihon Hyōronsha, offers comments on recent cases, while Hōgaku Seminā, also published by Nihon Hyōronsha, provides descriptions and commentary on various legal matters. Minshōhō Zasshi, published by Yūhikaku, is a leading journal on private law and cases related to civil and commercial codes. NBL (New Business Law), published by Shōji Hōmu, specialises in business, property, and credit law. Gendai Keijihō, published by Gendai Hōritsu Shuppan, focuses on criminal cases.
For English speakers, there are several legal journals dedicated to Japanese law. These include the Asian-Pacific Law and Policy Journal (APLPJ), Asia-Pacific Journal: Japan Focus, the Hitotsubashi Journal of Law & Politics, and the Journal of Japanese Law published by the Deutsch-Japanische Juristenvereinigung (Doku-Nichi Hōritsuka Kyōkai).
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Supreme Court cases
The Japanese legal system is based on civil law, modelled on European systems, especially those of Germany and France. It was established in 1868 during the Meiji Restoration, with the Meiji Constitution in effect from 1890 to 1945. After World War II, the system underwent major reform, with the new constitution influenced by the US. Today, the system is a hybrid of continental and American law, with traditional Japanese values also playing a role.
The Japanese court system is divided into four tiers. The Supreme Court sits at the top, followed by High Courts, District Courts, and finally, Summary Courts. There are also Family Courts and Intellectual Property Courts, which are considered specialised High Courts.
When citing Japanese case law, it is important to note that there is no official case name system. Cases are typically referred to by the name of the court and the date of judgment. For example, a case from the Supreme Court would be cited as "Supreme Court, [date of judgment]." If a corporation is involved, its name may be used in the case title.
English translations of some Supreme Court judgments are available on the Supreme Court website. Additionally, several court report journals, such as Hanrei Jihō and Juristuto (Jurist), provide analyses and interpretations of important cases. Commercial databases also play a crucial role in Japanese case law research, as cases are not fully published. While English translations of Japanese laws and judgments are available, it is important to note that only the original Japanese texts have legal effect. The English translations are for reference only.
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Official case reports
The Japan Company Handbook is another source for Japanese case law. It contains the latest financial information on all Japanese corporations listed in the First and Second Sections of the Tokyo, Osaka, and Nagoya stock exchanges. The handbook is published by Westlaw, which also has sources to help locate news, journal articles, legal analysis, and law-related business information about Japan.
The Roppō Zensho, 六法全書, published annually by Yūhikaku, is widely used in Japan. Yūhikaku is a well-known legal publisher in Japan and publishes a compiled version of laws and cases such as the Roppo: The Compendium of Laws – a collection of codes, important laws, and ordinances often used by legal practitioners.
Hanrei Jihō, published by Hanrei Jihōsha, includes important cases and gives key points of judgments. Juristuto (Jurist), also published by Yūhikaku, is equivalent to the Harvard Law Review and features main topics with several articles and reports on new legislation and notable cases with interpretation and analysis.
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Law school resources
The University of California College of Law, San Francisco, has a comprehensive legal research system for researching primary law (cases, statutes, administrative materials, etc.) and secondary sources (treatises, law reviews, etc.). This is free to UC Law SF students, faculty and staff, but registration is required. The Journal of Japanese Law and Ritsumeikan Law Review are also available online and in print.
The University of Washington published an English version of the citation form in 1967, entitled "Form of Citation of Japanese Legal Materials". The University of Washington Manual of International Legal Citation is also a useful tool.
Commercial databases have played a vital role in Japanese case law research because cases are not fully published. Westlaw Japan and LexisNexisJP are two examples, with text in Japanese. Dai-Ichi Hōki has a full-text database called D1-Law.com. LEX/DB Internet, produced by TKC, also produces a database called "Law Library", which is customized for a law school curriculum.
The Japan Company Handbook contains the latest financial information on all Japanese corporations listed in the First and Second Sections of the Tokyo, Osaka, and Nagoya stock exchanges. Practical Law (from Westlaw) provides access to extensive global research guides and subject-based country comparison tools.
There are a number of legal magazines and journals available, including Jurisuto, Hōgaku Kyōshitsu, Hōritsu Jihō and Hōgaku Seminā. Hōritsu Jihō, published by Nihon Hyōronsha, has a list of comments on recent cases. Several publishers produce law books, including treatises, dictionaries, and journals in Japan. Shin Nihon Hōki Shuppan and Yūhikaku make legal e-books available.
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Frequently asked questions
English translations of Japanese laws have been more widely available since 2004, though there are no official translations. English translations of some Supreme Court judgments can be found on the Supreme Court Website. The EHS Law Bulletin Series has published a long-standing series of English translations of Japanese laws since 1946. The University of Washington published an English version of the citation form in 1967, entitled “Form of Citation of Japanese Legal Materials”.
Official case reports in Japanese are available on the Saibanrei Jōhō website and are searchable by keyword. Official case reports in Japanese from the Supreme Court and other lower courts in the last three months are also available at the IP Judgments Database. Several court report journals are published, including Hanrei Jihō and Juristuto (Jurist).
The case naming method is different in Japan. There is no actual case name system. The name of the court and date of the judgment are generally used to search a case.
