Japanese law is going “pop”. Since the turn of the century, Japanese popular culture, especially prime-time television, has dedicated more time to legal themes, characters and settings. Lawyers, overwhelmingly women, are the heroes in both dramatic and comedic television series. Court-room battles are the scene for plot developments. Practising lawyers are the new celebrities, joining actors and singers on the light-entertainment talk-show circuit.
The increasing preoccupation in Japanese popular culture with law is no accident. It coincides with a series of major structural reforms to the Japanese legal system triggered by the policy recommendations by the Justice System Reform Council in 2001 (‘Recommendations of the Justice System Reform Council — For a Justice System to Support Japan in the 21st Century”). The reform agenda was ambitious: tripling the population of lawyers, judges and public prosecutors; re-conceiving legal education from generalist undergraduate degrees to specialist legal training at dedicated post-graduate law schools; dismantling ex ante administrative action in favour of ex post judicial relief; and allowing the participation of ordinary citizens in criminal cases. Major areas of law have been re-written. Company law is now enshrined in a new statute. Administrative law now grants stronger legal remedies for citizens in their relationship with the state. Employment is undergoing deregulation.
The success (or otherwise) of these reform efforts has already captured a significant corpus of research. But, to date, little work has examined the extent to which they have changed Japanese attitudes towards law: that is, whether or not — and, if so, how — Japanese people themselves think and feel differently about the law. This is surprising. After all, Japanese legal consciousness has been a longstanding controversy in the comparative law literature. For more than four decades, scholars have debated the extent to which law matters in Japan. Both Japanese and non-Japanese experts, legal and non-legal scholars alike, have sought to explain whether or not – and, if so, how – legal rules, legal processes, legal professionals and other legal actors play important roles in structuring and ordering society.
The purpose of this fellowship research proposal is to re-open and re-fresh this debate. Government reforms to civil justice make it timely to do so. And new methodologies are needed to rejuvenate the scholarly conversation for the new century. Quantitative data, after all, only tells part of the story. For one, reliable statistics on litigation in Japan (or, indeed, elsewhere) are hard to come by and even more difficult to compare meaningfully across time or jurisdictions. For another, quantitative data cannot answer qualitative questions. Litigiousness, after all, is a socio-cultural issue; it interrogates the extent to which people are conscious of the law and prepared to engage formal legal processes.
Enter popular culture. As Friedman (1989) argues, popular culture is a useful clue into how law functions in society, especially for capturing citizens’ perspectives on the desirability of invoking formal law to frame rights and settle disputes. This research proposal seeks to use Japanese popular culture as both a source of data (specifically, prime-time television shows) and as a research method (namely, a narrative analysis of the themes and concerns in these media texts).
This is a new direction in Japanese Studies. Research on modern Japan tends to be bi-furcated. One group focuses on Japan's ‘hard power’ — its economic institutions, international diplomacy, military and defence policy, legal system or domestic politics. Another group focuses on its ‘soft power’ — its cartoons (manga), animated films (anime), J-pop music and computer games. This research fellowship is distinctive because it ties together these two research threads. Rather than seeing ‘hard’ and ‘soft’ power in separate terms, the premise of this research fellowship is that they are two equally important levers responsible for configuring the modern Japanese state. Like hardware and software, ‘hard’ structural reforms and ‘soft’ cultural norms work together — or compete with one another — in ways that shape the future of Japanese society.
The deployment of popular culture to excavate attitudes about Japanese law is not without its methodological risks. At issue is whether works of fiction are useful to investigate socio-legal reality. To be sure, popular culture is not a ‘mirror’ of the actual operation of the law (a realist question); however, it is a ‘window’ into how people feel about it (a constructivist question). This is because it taps into a reservoir of mass mentality. Although primarily works of imagination that engage the aesthetic and emotional senses of the audience, popular culture is only consumed if it resonates with the general population. The characters must be credible; the plots must replicate real, lived experience; and the settings must be immediately familiar. It is this verisimilitude – or truth-like quality – that strongly suggests that popular culture, as sub-art, parallels developments in society. Popular culture, therefore, does not lack empirical existence. It is not ‘just fiction’. Rather, viewers emotionally attach and psychologically commit to its stories because there is a cognitive interface between the producers of popular culture and the memories, experiences, desires and aspirations of its consumers. To be sure, consumers are not passive recipients of popular cultural messages, and producers may seek to subvert accepted social conventions in their productions or transmit their own ideological preferences. Nevertheless, the cognitive interface between them operates to recursively enact and reproduce social relations. |