The Myth of the Reluctant Litigant

Comparison of the effects of homeownership by individuals and their neighbors on social capital formation: Evidence from Japanese General Social Surveys

“…In line with this view, the classical work of Kawashima (1963) focuses on Japan"s cultural preference for informal mechanisms of dispute resolution and asserts that the harmonious nature of Japan discourages people from litigation. Contrary to this view, a number of works have argued that the reluctance for litigation in Japan can be explained by individualistic reasons rather than a harmonious nature when people are confronted with conflict (e.g., Ginsburg and Hoetker 2006, Haley 1978, Ramseyer 1988, Ramseyer and Nakazato 1989.…”

Corporate governance and national institutions: A review and emerging research agenda

“…Others have identified institutional barriers, such as ineffective law enforcement institutions combined with high costs, insufficient availability of courts, judges and lawyers, which often deter people from considering litigation as a realistic governance enforcement option (Haley, 1978), especially in Asia and South-East Asia. As an example, Japan introduced a fixed rate for the filing fee of shareholder derivative actions regardless of the damages sought and allowed the award to the successful shareholder plaintiffs damages for time and money spent on bringing the suit, in addition to the recovery of legal fees afforded prior to the revision (West, 2001).…”

Corporate Governance and Law Reform in Japan: From the Lost Decade to the End of History?

“…Like several supposedly distinctive features of Japanese law (such as limited numbers of practising lawyers (Haley 1978), the practice of lifelong employment seems to have taken root only quite recently (cf also Foote 1996). Gilson and Roe (1999: 520) observe that 'from World War I through to the end of World War II, worker mobility in external labor markets eroded labor stability when labor was tight, and employees' willingness to fire even senior workers eroded labor stability when labor markets were not tight.…”