The Role of Precedent at Japan's Supreme Court

Abstract

The Article examines the use of precedents in the judicial decision making of the Japanese Supreme Court. It outlines the paradigms of the behavioral approach of judicial decision-making analysis which include the attribute, strategic and role paradigm. It is inferred that the use of judicial precedents act as a means of justifying and rationalizing the court ruling.

Keywords

Legal opinions, Judicial process, Precedent (Law), Japan. Daishin'in

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Authors

Hiroshi Itoh (State University of New York, Plattsburgh)

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