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Deutsches Institut für Japanstudien
Event Series
June 20, 2024

Online Study Group on fairness in law in Japan and Germany

When the legal system is abused to merely cause harm to another person or the exercise of the law is grossly contrary to social norms, judges can prohibit the exercise of a legal right. This principle, known as “abuse of rights”, was adopted by Japan from Europe after the Meiji Restoration to resolve conflicts between written law and social norms. This presentation deals with the historical development and contemporary practice of the prohibition of abuse of rights in Japan and Germany. Decisions and the theoretical discussion from the first application in Japan to today will be presented, analyzed, and contrasted with German theory and practice. The aim is to answer the question of how and why the Japanese understanding of the prohibition of abuse of rights differs from that in Germany. This also leads to very fundamental questions about the relationship between legislators and courts, and society’s understanding of law as a whole. Please note that this is an online only event. Details and registration here

Felix Dröll, Goethe-Universität Frankfurt/DIJ Tokyo