
Title
Seidoku Gyouseihou Hanrei (Close Reading of Administrative Law Cases)
Size
646 pages, B5 format, softcover
Language
Japanese
Released
December 04, 2023
ISBN
978-4-335-35949-1
Published by
Koubundou
Book Info
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Japanese Page
This is a case book for studying Japanese administrative law. Statute books, textbooks, and case books are “the three sacred treasures” in Japan and are essential teaching materials for studying Japanese law. Currently, students do not seem to know how to deal with case books, and some do not have or read them. Indeed, we were not surprised to learn that students do not have case books, as the courts now publish major cases online free of charge. Imagining that some students do not read case books is not difficult, as they decide that it is more efficient to read a summary instead of the original text. Against this backdrop, the following points were considered when editing this book to ensure that it was worth buying and reading.
First, the book contains the full text of 66 judgments and decisions. This is a continuation of the concept of the book entitled Close Reading of Constitutional Cases, published by the same publisher. Therein, the emphasis is on “close reading” of the full text, rather than reading excerpts or summaries by the editors and authors. The number of precedents, including references, is approximately 400, which is comparable to the number in existing casebooks, but at a lower price, which is one of its selling points.
Second, the book includes sidelines to organize indicative and connecting words in judgments. It summarizes the logical structure of each case and includes tables and figures to allow the reader to understand the entire logical structure of a case. While Close Reading of Constitutional Cases provides both practical and academic evaluations, this book avoids them. Rather, it emphasizes accurately grasping the logic of the judgments and decisions and clarifying what they say (or do not say). In administrative law, the ability of lawyers to do this work independently in any given case decisively determines their ability. Thus, the greatest significance of this book lies in the fact that such an ability can be cultivated simply by reading it on one's own.
Finally, to achieve the abovementioned goals, this book includes acts, ministerial ordinances, city regulations, and notices that were in force at the time of the judgments. To clarify the logic of precedents intrinsically, one must precisely identify the legal texts in force at the time of a case. However, administrative law is subject to frequent legal amendments, often making it difficult to search for past legal texts in cases of detailed acts. Surprisingly, only a few teaching materials introduce cases in combination with the legal texts of the time, and we are proud to say that this book is groundbreaking. We would like to thank the local government officials who helped us search for the legal texts corresponding to the cases cited.
The six editors of this book completed law school and passed the (new) bar exam at around the same time. While engaged in law education at their schools, they came to share the same educational concerns that led to the concept of this book. The most significant personal gain for me was that I was able to reconfirm that I had a group of colleagues who were encouraging not only in terms of research but also in terms of education.
(Written by TATSUMI Tomohiko, Associate Professor, Graduate Schools for Law and Politics / 2024)