Horitsu Bunsho Dokuhon (Elements of Style in Japanese Legal Writing)
232 pages, 127x188mm
Japanese
April 10, 2024
978-4-335-35992-7
KOUBUNDOU Publishing Inc.
This book provides tips on communicating legal texts accurately and accessibly to the reader. The term "legal texts" here refers not only to statutes, administrative documents, judicial documents, and contracts but also to explanatory texts about them, documents used for communication in general society, including those produced by private companies, and essays and reports required at universities.
In this book, such texts are collectively called "legal texts."
The key features of this book include:
- Guidance on how to read and handle statutory provisions.
- A guide to the standard rules for public documents.
- A presentation of the author's approach to writing legal texts.
Making legal texts accurate and accessible is an essential challenge in our increasingly complex modern world. Instead of spending our mental resources, effort, and time deciphering inaccurate or obscure texts, we should devote them to more constructive pursuits. Therefore, techniques for writing accurate and accessible texts should be considered essential infrastructure for society.
While the ability to read and handle statutory provisions and the standard rules for public documents are essential prerequisites for studying law, Japanese legal education has not sufficiently focused on teaching such basics to date. This tendency may be due to the structure of legal education in Japan, which emphasizes the interpretation and application of existing systems and provisions rather than the creation of such systems and the drafting and amendment of provisions. As a result, uncertain, imitative practices have been transmitted.
Students who wish to study law should aspire not only to interpret and apply existing systems and provisions but also to learn how to create and draft them from scratch. Indeed, with a sense of how the systems and provisions they create will be interpreted and applied, they can produce more effective systems and provisions. However, focusing solely on interpretation and application will not fully meet the expectations placed on legal studies, nor will it enhance the field's allure.
This book was written with these considerations in mind.
(Written by SHIRAISHI Tadashi, Professor, Graduate Schools for Law and Politics / 2024)