Women in law in Japan

Last updated

Women in law in Japan work in the legal profession as lawyers. Women lawyers work in private practice, in-house, in government, and in the citizenship sector.

Contents

Background

Women were not allowed to practice law under the Lawyers Law of 1893. That rule stated that a lawyer must be a Japanese man, aged 20 or older, and have legal capacity under the Civil Code. [1] The Japanese Imperial Constitution did not guarantee women's suffrage or equality between men and women. A married woman's legal capacity was subject to her husband's consent. At the time, people seemed to have taken it for granted that women should be excluded from the legal profession. [1] Despite these restrictions, Teruko (Tel) Sono was the first woman to study and practice law in Japan as of 1874. [2]

In 1933, the Women's Suffrage Alliance lobbied the Research Committee on the Amendment of the Lawyers Law to allow women to become lawyers. When the new law went into effect in 1936, 19 women took the bar exam. In 1938, three women passed the bar to become lawyers: Ai Kume, Masako Nakata, and Yoshiko Mibuchi. In 1940, all three women became qualified lawyers after completing their internship.[ citation needed ]

The only institution where women could obtain a legal education was the Women's College of Meiji University. In welcoming the first entering class, Hideo Yokota, Chief Justice of the Supreme Court, called upon female lawyers and economists to work to improve women's status in Japan.[ citation needed ]

Notable individuals

In 1940, Masako Nakata, Yoshiko Mibuchi, and Ai Kume became the first women qualified to become lawyers in Japan. [3] [4] Al Kume worked at a private practice in Tokyo and also served as a representative of the Japanese government. Akio Kume was the first woman to be recommended by the bar association as a candidate on the Supreme Court in 1976. Due to her sudden death the appointment did not become reality. [1]

Ai Kume: One of the first three female lawyers in Japan (1940) Kume Ai.JPG
Ai Kume: One of the first three female lawyers in Japan (1940)

Yoshie Tateshi became the first Japanese woman to graduate with a doctorate in law. After hearing Hideo Yokota's speech about making women's society better in Japan, she was determined to do so. [1] Chieko Monjo became Japan's first female prosecutor in 1949. [5] Also, in 1949, Yoshiko Mibuchi and Mitsuko Ishiwatari became the first female judges in Japan. Mibuchi would go on to become the first female to serve as a District Court Judge (1952) and a Chief Judge of the Family Court in Japan (1972; she was the first female judge of the Niigata Family Court). [1] [6]

In 1974, Oshiro Mitsuyo and Noda Aiko became the first females to serve as Judges of the High Court in Japan. [5] [7] [8] Aiko later became the first female to serve as the Commissioner of a High Court in Japan (1987). Mitsuko Terasawa was the first female judge to serve as the President of a District Court in Japan in 1983. [9] Hisako Takahashi was the first woman justice on the Supreme Court of Japan from 1994-1997. [10] [11] [12] [13] Prior to her appointment, she was a high ranking Minister of Labor.[ citation needed ] Sato Noriko was the first female to become a Chief Public Prosecutor in Japan in 2001. [14] [15] In 2016, Junko Hayashi became the first Japanese Muslim (female) lawyer in Japan. [16] [17] Naomi Unemoto has the distinction of becoming the first female to serve as a Superintending Prosecutor in Japan in 2022. [18]

Women lawyers associations

Masako Nakata became the first female president of a local bar association in Japan in 1969. [1] [19] Today in Japan, there is a network of women lawyers called "Women in Law Japan". This network includes international and domestic women in the legal profession in Japan. Catherine O’Connell is the president of Women in Law Japan. She is the first foreign woman to set up her own law practice in Tokyo. [20] [21] Riki Beppu is a founding member and chair of Women in Law Japan. She has 20 years experience in advising in corporate law. [22]

See also

Related Research Articles

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Yoshihiro Yasuda is a Japanese lawyer known for his anti–death penalty activism. With the death penalty being a prominent method of punishment for violent criminals in Japan, Yasuda has defended many of these criminals and prevented a large number of death sentences from being handed down. At the time when Yasuda took on many of these cases, such cases were considered detrimental to a lawyer's career, and there were few lawyers who would take on such cases, with many fearing media bashing and not expecting much compensation. He participated in many controversial trials because he believed that the suspects were tried unfairly as a result of mass media bashing.

"Judicial scrivener" is a term used to refer to similar legal professions in Japan, South Korea and Taiwan. Judicial scriveners assist clients in commercial and real estate registration procedures and in the preparation of documents for litigation.

In Japan, attorneys at law form the base of the country's legal community.

Attorneys at foreign law, or gaiben (外弁) for short, are lawyers from foreign countries licensed to practice law in Japan.

Nagashima Ohno & Tsunematsu is one of the "Big Four" law firms in Japan.

<span class="mw-page-title-main">Masako Mori (politician)</span> Japanese politician

Masako Mori is a Japanese politician and lawyer who has served in the House of Councillors since 2007, and as Minister of Justice from October 2019 to September 2020. She is a member of the Liberal Democratic Party.

<i>Bengoshi no Kuzu</i> Japanese manga and television series

Bengoshi no Kuzu is a Japanese manga series written and illustrated by Hideo Iura. It started in Shogakukan's seinen manga magazine Big Comic Original in August 2003. In 2010, the manga was re-titled Bengoshi no Kuzu Dai-2 Shin, and continued until June 2014. The overall series' chapters were collected in 21 tankōbon volumes. The series follows Mami Takeda, a new lawyer, and her partnership with fellow attorney Motohito Kuzu, as they deal with challenging court cases.

The Big Four law firms or the Big Four is a term informally used in Japan to refer to those firms which, collectively, are perceived to be the largest firms headquartered in Japan and distinguished in comparison to their other competitors. The Big Four firms are:

Adire Legal Professional Corporation is a Japanese law firm.

This is a short timeline of women lawyers. Much more information on the subject can be found at: List of first women lawyers and judges by nationality.

<span class="mw-page-title-main">Women in law</span> Involvement of women in the study and practice of law

Women in law describes the role played by women in the legal profession and related occupations, which includes lawyers, paralegals, prosecutors, judges, legal scholars, law professors and law school deans.

The North Kanto Young Girl Serial Kidnapping and Murder Case is a serial kidnapping and murder case that has been going on since 1979 in Japan's Tochigi and Gunma prefectures. The Ashikaga murder case is included in this.

<span class="mw-page-title-main">Masako Nakata</span> One of Japans first women lawyers

Masako Nakata, née Masako Tanaka (田中正子) was one of Japan's first women lawyers.

Yoshiko Mibuchi was one of the first three women in Japan to become lawyers.

<span class="mw-page-title-main">Ai Kume</span> First Japanese woman lawyer

Ai Kume was one of the first three women in Japan to become lawyers.

<span class="mw-page-title-main">Teruko Sono</span> Japanese educational reformer, lawyer, author, businesswoman and scholar

Teruko Sono, also known as Tel Sono & Sono O Teru was an early Japanese educational reformer, lawyer, author, businesswoman, scholar and Woman's Christian Temperance Union member.

<span class="mw-page-title-main">Masakatsu Nishikawa (serial killer)</span> Executed Japanese serial killer

Masakatsu Nishikawa was a Japanese serial killer who killed four snack bar hostesses and attempted to kill two others from 1991 to 1992 in three prefectures. An ex-criminal with a murder conviction, he was convicted of his latter crimes, sentenced to death and executed in 2017.

The National Network of Lawyers Against Spiritual Sales is a non-profit anti-cult association established in May 1987, comprising about 300 lawyers in Japan. It is specialized in providing legal assistance for victims of cult-related frauds, known as spiritual sales (霊感商法) in Japan, from religious organizations, primarily the Unification Church (UC), as well as advocating preventive measures against the malpractices.

Hotate Shinkawa is a Japanese writer, lawyer, and former professional mahjong player. Her first mystery novel, My Ex-Boyfriend's Last Will and Testament, won the This Mystery is Amazing! Grand Prize and was adapted for television by Fuji TV. Her followup novel, Guardian of the Market, was also adapted for television.

References

  1. 1 2 3 4 5 6 Hayashi, Yoko (1992). "Women in the Legal Profession in Japan". U.S.-Japan Women's Journal. English Supplement (2): 16–27. ISSN   1059-9770. JSTOR   42772032.
  2. The Law Times. Office of The Law times. 1892.
  3. "Masako Nakata, Japan's 1st female lawyer, dies at 91". article.wn.com. Retrieved 2017-12-14.
  4. Women lawyers' journal. 1950.
  5. 1 2 Kuwata, Takita. "新たな出発をめざして" (PDF). Japan Women Lawyers Association.
  6. Olsen, Kirstin (1994). Chronology of Women's History . Greenwood Publishing Group. p.  327. ISBN   9780313288036.
  7. 朝日年監 (in Japanese). 朝日新聞社. 1975.
  8. 時事年鑑 (in Japanese). 時事通信社. 1975.
  9. 創立50周年記念誌.
  10. Dean (2002-02-14). Japanese Legal System. Cavendish Publishing. ISBN   978-1-84314-322-2.
  11. "Takahashi Hisako | Japanese economist and government official". Encyclopædia Britannica. Retrieved 2018-03-10.
  12. Sleeman, Elizabeth (2001). The International Who's Who of Women 2002. Psychology Press. ISBN   9781857431223.
  13. Dean (2002-02-14). Japanese Legal System. Cavendish Publishing. ISBN   9781843143222.
  14. "男女共同参画会議(第4回)議事録 | 内閣府男女共同参画局". www.gender.go.jp. Retrieved 2019-07-25.
  15. 月刊百科 (in Japanese). 平凡社. 2001.
  16. "林 純子 Junko Hayashi | 弁護士法人パートナーズ法律事務所" . Retrieved 2019-07-26.
  17. "進取の精神グローバル人材育成プログラム". P-SEG (in Japanese). December 20, 2017. Retrieved 2019-07-26.
  18. "Unemoto to Become 1st Woman to Be Japan's 2nd-Highest Prosecutor". nippon.com. 2022-12-23. Retrieved 2023-01-09.
  19. "日本弁護士連合会:日弁連新聞 第512号". 日本弁護士連合会 (in Japanese). Retrieved 2022-11-03.
  20. "Women in Law Japan". womeninlawjapan.org. 2020-03-21. Retrieved 2022-11-03.
  21. Okubo, Mami (2018-11-19). "Catherine O'Connell". The Japan Times. Retrieved 2022-11-14.
  22. Leo (2018-07-17). "Wanted: Women lawyers in Japan". Law.asia. Retrieved 2022-11-03.