Making Lawyers (and Gangsters) in Japan

West, Mark D.

Journal: Vanderbilt Law Review

Volume: 60

First Page: 439

Year: 2007

Bluebook Citation: 60 VAND. L. REV. 439 (2007)

Author: Mark D. West: all 11 publications


Abstract

How insulting to have juxtaposed "lawyers" and "gangsters" in the title, to hint that lawyers are not engaged in a supremely noble profession, to insinuate a commonality between counselors-at-law and godfathers. There will be no explicit comparisons here, for this is an Essay about Japanese legal education, not La Cosa Nostra. Instead I offer a description of how Japan trains its lawyers and what lawyers in Japan do. I'll also talk a bit about how gangsters in Japan are trained, and what they do.

Perhaps a serendipitous connection will present itself. I begin by briefly discussing the old system of training Japanese lawyers and some of the forces that led to the breakdown of that system. I then detail and analyze the new system, much of which was borrowed from the United States after careful investigation. Finally, I offer a few words about Japanese gangsters, the yakuza.

It's not impossible that the story suggests similarities between lawyers and their illegal counterparts.

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