Abstract
This chapter serves as an introduction to the book and begins by describing specific court decisions pertaining to legal and economic thinking. We first introduce two cases in which economics and law may be seen as being in opposition. These cases illustrate the diametric opposition of economics and law in terms of their recognition and appraisal of the free market’s purposes. Then, we consider why these differences arise and discuss the points on which the two fields differ and the points that they have in common. We compare the pursuit of value, political views and methodologies of economics and law. Finally, we briefly describe the contents of this book.
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Notes
- 1.
Some readers may find this notion difficult to believe. However, this provision is referred to as a “deposit” or “caution money” (shikibiki), and this practice is common in the Kansai region, including Osaka and Kobe; the Kyushu region, including Fukuoka and Nagasaki; and other cities in Japan.
- 2.
Article 49 of the Act makes the following stipulation (http://www.japaneselawtranslation.go.jp/law/detail/?id=3340&vm=04&re=01&new=1): “(1) If a service provider has entered into a specified continuous service contract, the recipient of the specified continuous services may effect a prospective cancellation of the contract in question once eight days have passed after the date on which the recipient of the specified continuous services has received the document referred to in Article 42, paragraph (2) (if the recipient of the specified continuous services did not cancel the specified continuous service contract under the provisions of paragraph (1) of the preceding Article by the relevant time limit because the recipient of the specified continuous services was under the misapprehension that information about canceling the specified continuous service contract under the provisions of the paragraph that the service provider had misrepresented to the recipient of the specified continuous services, in violation of the provisions of Article 44, paragraph (1), was true, or because the recipient of the specified continuous services was overwhelmed due to the service provider’s use of intimidation, in violation of the provisions of Article 44, paragraph (3), then once eight days have passed after the date on which the recipient of the specified continuous services received a document delivered thereto by the service provider, pursuant to the provisions of order of the competent ministry, that contains a notice to the effect that the recipient of the specified continuous services may cancel the specified continuous service contract under the provisions of paragraph (1) of the preceding Article).
(2) If a specified continuous service contract is canceled pursuant to the provisions of the preceding paragraph, the service provider may not demand that the recipient of the specified continuous services pay an amount of money that exceeds the aggregate of the amount specified in each of the following items for the event listed therein and the amount of the relevant damages for delay based on the statutory interest rate, even if there is an agreement for liquidated damages or a provision for a penalty:
(i) if the specified continuous service contract is canceled after the specified continuous services began to be provided: the total of the following amounts:
(a) the amount equal to the consideration for the specified continuous services that were provided; and
(b) the amount specified by Cabinet Order referred to in Article 41, paragraph (2) in accordance with each of the services specified therein as the amount of damages that are normally caused by the cancellation of the relevant specified continuous service contract.”.
- 3.
The Constitution of Japan makes the following stipulations:
Art. 13. All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
Art. 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin [the rest omitted].
- 4.
Art. 19. Freedom of thought and conscience shall not be violated.
Art. 20. Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority [the rest omitted].
Art. 21. Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed [the rest omitted].
Art. 22. Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Art 23. Academic freedom is guaranteed (http://www.japaneselawtranslation.go.jp/law/detail/?id=174&vm=04&re=01&new=1).
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Takahashi, H., Yanagawa, T. (2021). Introduction to Econo-Legal Studies: The Dual Views of Economics and Law. In: Yanagawa, T., Takahashi, H., Ouchi, S. (eds) Econo-Legal Studies. Springer, Singapore. https://doi.org/10.1007/978-981-16-5145-8_1
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DOI: https://doi.org/10.1007/978-981-16-5145-8_1
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