Malcolm M. Feeley, ed., and Setsuo Miyazawa. “The State, Civil Society, and the Legal Complex in Modern Japan: Continuity and Change.” In Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism. Edited by Terence C. Halliday, Lucien Karpik, and Malcolm M. Feeley, pp. 151-192, Oxford, U.K: Hart Publishing, 2007.

This chapter examines the evolution of Japan’s legal system from the late Tokugawa period through the postwar era, focusing on the relationship between the legal system and the state, as well as the autonomy of Japan’s internal legal culture. It identifies a strong continuity across historical periods, suggesting that despite political and institutional transformations, the structural relationship between the bar and the state has remained relatively stable.

The chapter raises the question of whether justice system reforms initiated in 2001 might alter this dynamic by fostering a more assertive and autonomous legal profession. Framed within the study of democratic resilience and institutional change, the analysis highlights the importance of internal legal culture in shaping the profession’s capacity to act independently of state influence. The potential shift toward greater autonomy suggests that reform of professional structures and training can influence whether lawyers function primarily as state-aligned technicians or as more independent actors capable of shaping legal and political development.