The identity of German and Japanese civil law in comparative perspectives

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The developments of law in Japan and Germany prompt an inquiry into their civil law identities. Japanese civil law has a rich history of integrating foreign influences, particularly from Germany, France, England, and the U.S. This integration occurred at multiple levels: legislative, judicial, and scholarly, characterized by a unique process known as “theory reception” (Kitagawa). Despite these foreign influences, Japan maintains a distinct legal tradition and identity. Conversely, German private law is increasingly shaped by EU legal harmonization. Initially viewed as limited to “consumer law” in the 1980s, recent trends show that EU legislation now impacts significant portions of German civil law, raising questions about the identity of German civil law itself. Additionally, the “Europeanization” of German law may have implications for related legal systems, including Japan's. This volume presents proceedings from a 2006 conference in Japan, commemorating the “Germany Year in Japan.” Contributions from Japanese scholars explore the various influences on Japanese law, while German scholars examine the Europeanization of German private law. The identity of Japanese civil law is also analyzed through the lenses of German civil law and common law perspectives.