High Economic Growth and Labor Law: Reciprocal Construction of the Japanese-Style Employment System and Labor Law  

Oleh:

Ishida, Makoto

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Japan Labor Review vol. 11 no. 3 (2014), page 103-120.
Topik: Social Systems; Labor Law; High Economic Growth; Reciprocal Construction of Law and Society; Japanese-Style Employment System; Reciprocal Construction; Tentative Hiring Decision; Probationary Period; Legal Doctrines; Dismissal; Adjustment Dismissal; Changes in Personnel--Transfer and Farming out;
Fulltext: JLR43_ishida.pdf (103.01KB)

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Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ130.10 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

The question of “high economic growth and labor law” may be examined from two aspects. The first would be to consider what sort of labor law was formed in relation to the employment system that lay behind it, based on the economic environment of high economic growth. The second would be to consider the influence exerted by labor law formed in this way on ways of designating employment systems during the period of high economic grow th. As these two aspects are interconnected, however, this paper focuses on the correlation between the two. Using a fixed perspectiv e on the relationship of reciprocal construction between law and society (i.e. the reciprocal relationship between the ‘construction of law by society’ and the ‘construction of society by law’), it attempts to unravel the relationship of reciprocal construction between the Japanese-style employ ment system, said to have been formed and established during the period of high economic growth, and labor law based on this perspective, mainly drawing on principles of labor law cases from that time. As a result, (i) in terms of the construction of law by society, principles of case law at that time acknowledged the reality of the Japanese-style employment system, and expressed it in the form of fixed rules (norms). On the other hand, (ii) in terms of the construction of society by law, principles of case law expressed in that way became a force giving the impression that the “Japanese-style employment system” was a universal system in Japan, although in reality it was merely one part of Japa n’s employment system.

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