Japanese Contract and Anti-Trust Law: A Sociological and Comparative Study (review)

Japanese Contract and Anti-Trust Law: A Sociological and Comparative Study (review) Review Section Japanese Contract and Anti-Trust Law: A Sociological and Comparative Study. By Willem M. Visser `T Hooft. RoutledgeCurzon, London, 2002. ix, 219 pages. £55.00. Reviewed by J. MARK RAMSEYER Harvard University We teach a limited set of skills in law school, a set designed to do one thing: predict what a court will do. Toward that end, we have students parse statutory provisions. We make them read appellate decisions. We then teach them to use the statutes and opinions to gauge how judges will likely decide disputes in the future. For a would-be lawyer, these are crucial skills, and for them clients pay dearly. From time to time, critics claim we should do more: teach contractual draftsmanship, for example, or negotiation strategies and (perish the thought) interpersonal skills. For better or for worse, however, few of us know how to convey these attributes effectively in a large class, and financial exigencies demand large classes. For better or for worse, the basic law school goal remains teaching students to predict court outcomes. Whatever merits this statute-and-opinion-based exercise may have, it is not social science. Not being social science, it does not--by its nature, cannot-- contribute directly to the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Journal of Japanese Studies Society for Japanese Studies

Japanese Contract and Anti-Trust Law: A Sociological and Comparative Study (review)

The Journal of Japanese Studies, Volume 31 (2) – Aug 10, 2005

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Publisher
Society for Japanese Studies
Copyright
Copyright © 2005 Society for Japanese Studies.
ISSN
1549-4721
Publisher site
See Article on Publisher Site

Abstract

Review Section Japanese Contract and Anti-Trust Law: A Sociological and Comparative Study. By Willem M. Visser `T Hooft. RoutledgeCurzon, London, 2002. ix, 219 pages. £55.00. Reviewed by J. MARK RAMSEYER Harvard University We teach a limited set of skills in law school, a set designed to do one thing: predict what a court will do. Toward that end, we have students parse statutory provisions. We make them read appellate decisions. We then teach them to use the statutes and opinions to gauge how judges will likely decide disputes in the future. For a would-be lawyer, these are crucial skills, and for them clients pay dearly. From time to time, critics claim we should do more: teach contractual draftsmanship, for example, or negotiation strategies and (perish the thought) interpersonal skills. For better or for worse, however, few of us know how to convey these attributes effectively in a large class, and financial exigencies demand large classes. For better or for worse, the basic law school goal remains teaching students to predict court outcomes. Whatever merits this statute-and-opinion-based exercise may have, it is not social science. Not being social science, it does not--by its nature, cannot-- contribute directly to the

Journal

The Journal of Japanese StudiesSociety for Japanese Studies

Published: Aug 10, 2005

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