Demographic transition and transformation of regulation and law in Japan

Abstract

This dissertation argues that Japan's rapid and dramatic demographic transition is having a transformative effect on regulation and law. It argues that the myriad social and economic challenges associated with demographic transition are a catalyst for collaborative forms of governance - that is, governance that employs indirect and pluralist regulation to supervise and co-opt an otherwise autonomous non-state sector. It contends that Japan's tradition of legal pluralism, which blends formal and contextual elements, is conducive to this collaborative approach to grappling with radical demographic change. However, this tradition has also created an accountability deficit prompting an apparent 'liberal ascendancy' and strengthened commitment to the Rule of Law. In three case studies-retirement pensions, childcare, and adult guardianship - this dissertation demonstrates that the exigencies of demographic change have catalysed compromise between the liberal tradition and the proliferation of indirect, collaborative, and 'responsive' forms of regulation. As evidence, this dissertation charts the growth of 'regulatory' and 'accountability' networks, which span the public and private sectors, and the parallel development of 'hybridisation' of public and private law in Japan.