The Necessity for the Rational Basis of Duty-Risk Analysis in Japanese Tort Law- A Comparative Study
Abstract
Reacting to various influences, Japanese tort law has developed unevenly during this century. One of the most eagerly argued problems is that of causal relationship in negligence. "Adequate causation," which is legal causation and the counterpart of proximate cause in Anglo-American law, currently plays a dominant role in legal reasoning. However, the adequate causation concept as applied in Japan is unsatisfactory for two reasons. First, issues that are logically distinct from causation are subsumed under the adequate causation issue, resulting in confused judicial reasoning. Second, adequate cause does not comport with the rationale of modern Japanese tort law.
Recommended Citation
Hayashida, Seimei
(1981)
"The Necessity for the Rational Basis of
Duty-Risk Analysis in Japanese Tort
Law- A Comparative Study,"
Utah Law Review: Vol. 1981:
No.
1, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol1981/iss1/4