This article compares the U.S. and Japan Supreme Court systems, focusing on their legal traditions, judicial structures, and processes for appointing judges. While legal systems vary significantly in their development, they also share many similarities. Legal systems worldwide fall into several groups based on shared features. The primary groups include civil and common law systems. Some countries use a mixture of these to create a mixed system. Japan and the United States use different legal systems: Japan uses civil law, while the United States uses common law. This article explores the similarities and differences between Japan and the United States’ legal systems, the structure of their judiciaries, the qualifications and selection of high court judges, and an interesting aspect of Japan’s legal system.
Similarities and Differences Between Japan’s and the U.S. Legal Systems
Notable Disparities Between American and Japanese Legal Systems
Understanding the U.S. and Japan Supreme Court systems helps highlight how legal philosophy, colonial influence, and codification affect judicial outcomes. The United States uses a common law system, primarily found in countries that were former British colonies (Major Differences Between the Japanese and American Legal Systems, 2021). While all U.S. states practice common law, Louisiana uses a mixture of common and civil law. This legal system is characterized by its reliance on judicial precedents and judge-made case law (International Legal Systems, n.d.).
Japan follows a civil law system, which many countries adopted after historical influence from French, German, Portuguese, Spanish, or Dutch legal traditions (Major Differences Between the Japanese and American Legal Systems, 2021). Civil law systems rely heavily on codified statutes and limit the use of precedents.
Common law developed from judge-made decisions based on case-by-case rulings. Precedents play a crucial role, guiding future decisions in similar cases. While judges play a significant role, legislatures also contribute by enacting statutes that courts interpret (International Legal Systems, n.d.). Judges in common law systems act as arbitrators, ensuring flexible, case-specific judgments.
In contrast, Japanese judges play a more investigative role. They examine facts, question witnesses, and apply strict codified laws. Trials in Japan do not allow plea bargaining, and the conviction of the accused without trial is prohibited. In the U.S., however, plea bargaining is prevalent. About 90% of criminal convictions in the United States result from plea deals rather than trials (Major Differences Between the Japanese and American Legal Systems, 2021).
Notable Similarities Between Japanese and American Legal Systems
Despite their differences, the two systems share some similarities. The U.S. legal system incorporates codified laws at all levels of jurisdiction. Similarly, Japan’s legal system has adopted aspects of the American legal system, particularly after World War II. The Japanese Constitution and many legal reforms were modeled after the U.S. Constitution (Major Differences Between the Japanese and American Legal Systems, 2021).
Japan has also updated various legal sectors, including corporate, labor, and criminal justice laws. Revisions have been made to bankruptcy and civil procedure codes to align with modern standards (Major Differences Between the Japanese and American Legal Systems, 2021).
Judicial Structures: Japan vs. U.S. Common Law System
Structure of the U.S. Judiciary
The U.S. Constitution is the supreme law of the land. The American judiciary has two parallel court systems: federal and state courts. At the top is the U.S. Supreme Court, which hears appeals from lower appellate courts. The federal court system includes 13 appellate courts and 94 district courts, divided into 12 regional circuits (Court Role and Structure, n.d.).
Each circuit has an appellate court where panels of three judges decide appeals without juries. Every state has one district court and a bankruptcy court. Additionally, there are specialized courts, such as those for veterans’ claims, the armed forces, and taxation (Court Role and Structure, n.d.).
Structure of the Japanese Judiciary
Japan’s judiciary comprises five levels: Summary Courts, Family Courts, District Courts, High Courts, and the Supreme Court. Summary Courts handle minor civil disputes with claims not exceeding 1.4 million yen and less serious criminal offenses. These courts, with 438 locations, have only one judge per court (Negi, 2020).
Family Courts deal with family matters and juvenile delinquency. There are 50 Family Courts and numerous branch and local offices. District Courts, with 50 courts and 203 branches, are first-instance courts for major criminal, civil, and administrative cases. Some cases are heard by a panel of three judges (Negi, 2020).
High Courts review appeals (Koso appeals) from the lower courts. Japan has eight High Courts and six branches. Each case is heard by a panel of three judges. The Supreme Court, at the top of Japan’s judiciary, hears appeals from the High Courts and is the final authority on legal matters (Negi, 2020).
Selection and Qualifications of High Court Judges
United States
The U.S. Constitution grants the president the power to nominate federal judges, subject to Senate confirmation. Judges hold office for life, provided they demonstrate good behavior. Congress can remove them via impeachment (Court Role and Structure, n.d.).
Judges in state courts are selected through various methods, including election, appointment, or a combination of both (Court Role and Structure, n.d.).
Japan
In Japan, the House of Representatives reviews chief justices every ten years following their appointment. A majority vote can remove a justice. Judges must retire at the age of 70 (Negi, 2020). Lower court judges are appointed by the Cabinet upon nomination by the Supreme Court. The Emperor formally approves the appointment of High Court presidents.
Unique Aspects of Japan’s Court System
Japanese judges rarely seek to create legal precedents that challenge or overturn prior rulings. The Supreme Court in Japan functions primarily as a technical legal forum rather than a body promoting legal evolution. Judges seldom publish landmark opinions, reflecting a more conservative judicial culture.
Moreover, the Japanese judiciary is selective in the cases it hears, often choosing cases with a high likelihood of favorable outcomes. The country allows suspects to be held for up to 23 days without formal charges—compared to three days in the U.S. system. Jury trials are also absent in most Japanese court proceedings. Despite Japan’s technological advancement, these practices highlight what some view as a strict and arguably harsh judicial system (Negi, 2020).
Conclusion
By analyzing the U.S. and Japan Supreme Court systems, we see how two powerful democracies interpret justice through vastly different frameworks, one through precedent, the other through codified law. Japan follows a civil law system, relying on codified statutes, while the U.S. adheres to a common law system based on judicial precedents. Japan’s five-tiered judiciary contrasts with the dual federal and state court systems in the U.S. Judges in Japan have term limits and mandatory retirement, unlike U.S. judges, who serve lifetime appointments subject to good behavior. These structural and procedural contrasts provide valuable insights into the functioning of two distinct legal systems.
For a deeper philosophical perspective on human purpose and reasoning, consider exploring Aristotle’s Function Argument: A Philosophical Examination of Human Good.
References
- Court Role and Structure. (n.d.). United States Courts. https://www.uscourts.gov/about-federal-courts/court-role-and-structure
- International Legal Systems. (n.d.). U.S. Department of Justice. https://www.justice.gov/archives/nsd-ovt/page/file/934636/download
- Major Differences Between the Japanese and American Legal Systems. (2021, June 15). WU-LAW. https://onlinelaw.wustl.edu/blog/major-differences-between-the-japanese-and-american-legal-systems/
- Negi, C. (2020). Japan: An Overview of Constitution & Judicial System. SSRN. https://deliverypdf.ssrn.com/delivery.php
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