Administering welfare in an ageing society

Research output: A Conference proceeding or a Chapter in BookChapter

1 Downloads (Pure)

Abstract

Japan is the most rapidly ageing nation in the world. This brings with it unprecedented challenges for government in attempts to secure the welfare of all members of society at all stages of their lives. This chapter traces some of the trends in law and regulation that have occurred in Japan in response to meeting the challenges of demographic change. It argues that demographic change has catalysed new interfaces among the state, individuals and communities despite a liberal ‘renewal’ seeking to clarify and circumscribe these interfaces. These interfaces have in turn produced hybrids of public and private law. In response, some Japanese legal theorists have attempted to fill a vacuum of doctrine to conceptualise these hybrids. Moreover, these theorists attempt to map the way for courts to adjust to a new balance between liberalism and market forces on the one hand, and state paternalism and regulatory proliferation on the other. After briefly describing Japan’s demographic situation, I discuss the challenges to liberalism posed by regulatory proliferation (driven in part by demographic imperatives). I argue that liberal renewal and the growth of regulation are movements that can accommodate one another. I then trace examples of such accommodation in Japan’s legal tradition, which has been characterised by a balance of legal formalism and sensitivity to context. I attempt to demonstrate that recent liberal reforms to administrative law sit comfortably within this tradition. As case studies, I then present legal developments in the childcare and retirement pension industries.
Original languageEnglish
Title of host publicationWho Rules Japan? Popular Participation in the Japanese Legal Process
EditorsLeon Wolff, Luke Nottage, Kent Anderson
Place of PublicationUnited Kingdom
PublisherEdward Elgar Publishing
Pages108-127
Number of pages20
ISBN (Print)9781849804103
Publication statusPublished - 2015

Fingerprint

welfare
Japan
liberalism
population development
proliferation
retirement pension
regulation
private law
administrative law
paternalism
public law
demographic situation
accommodation
doctrine
reform
Law
Society
industry
market
trend

Cite this

RYAN, T. O. (2015). Administering welfare in an ageing society. In L. Wolff, L. Nottage, & K. Anderson (Eds.), Who Rules Japan? Popular Participation in the Japanese Legal Process (pp. 108-127). United Kingdom: Edward Elgar Publishing.
RYAN, Trevor O. / Administering welfare in an ageing society. Who Rules Japan? Popular Participation in the Japanese Legal Process. editor / Leon Wolff ; Luke Nottage ; Kent Anderson. United Kingdom : Edward Elgar Publishing, 2015. pp. 108-127
@inbook{9b9b332f882e4b2882847253c9edb3ce,
title = "Administering welfare in an ageing society",
abstract = "Japan is the most rapidly ageing nation in the world. This brings with it unprecedented challenges for government in attempts to secure the welfare of all members of society at all stages of their lives. This chapter traces some of the trends in law and regulation that have occurred in Japan in response to meeting the challenges of demographic change. It argues that demographic change has catalysed new interfaces among the state, individuals and communities despite a liberal ‘renewal’ seeking to clarify and circumscribe these interfaces. These interfaces have in turn produced hybrids of public and private law. In response, some Japanese legal theorists have attempted to fill a vacuum of doctrine to conceptualise these hybrids. Moreover, these theorists attempt to map the way for courts to adjust to a new balance between liberalism and market forces on the one hand, and state paternalism and regulatory proliferation on the other. After briefly describing Japan’s demographic situation, I discuss the challenges to liberalism posed by regulatory proliferation (driven in part by demographic imperatives). I argue that liberal renewal and the growth of regulation are movements that can accommodate one another. I then trace examples of such accommodation in Japan’s legal tradition, which has been characterised by a balance of legal formalism and sensitivity to context. I attempt to demonstrate that recent liberal reforms to administrative law sit comfortably within this tradition. As case studies, I then present legal developments in the childcare and retirement pension industries.",
keywords = "asian studies, asian law, law - academic, politics and public policy, public policy",
author = "RYAN, {Trevor O}",
year = "2015",
language = "English",
isbn = "9781849804103",
pages = "108--127",
editor = "Leon Wolff and Luke Nottage and Kent Anderson",
booktitle = "Who Rules Japan? Popular Participation in the Japanese Legal Process",
publisher = "Edward Elgar Publishing",
address = "United Kingdom",

}

RYAN, TO 2015, Administering welfare in an ageing society. in L Wolff, L Nottage & K Anderson (eds), Who Rules Japan? Popular Participation in the Japanese Legal Process. Edward Elgar Publishing, United Kingdom, pp. 108-127.

Administering welfare in an ageing society. / RYAN, Trevor O.

Who Rules Japan? Popular Participation in the Japanese Legal Process. ed. / Leon Wolff; Luke Nottage; Kent Anderson. United Kingdom : Edward Elgar Publishing, 2015. p. 108-127.

Research output: A Conference proceeding or a Chapter in BookChapter

TY - CHAP

T1 - Administering welfare in an ageing society

AU - RYAN, Trevor O

PY - 2015

Y1 - 2015

N2 - Japan is the most rapidly ageing nation in the world. This brings with it unprecedented challenges for government in attempts to secure the welfare of all members of society at all stages of their lives. This chapter traces some of the trends in law and regulation that have occurred in Japan in response to meeting the challenges of demographic change. It argues that demographic change has catalysed new interfaces among the state, individuals and communities despite a liberal ‘renewal’ seeking to clarify and circumscribe these interfaces. These interfaces have in turn produced hybrids of public and private law. In response, some Japanese legal theorists have attempted to fill a vacuum of doctrine to conceptualise these hybrids. Moreover, these theorists attempt to map the way for courts to adjust to a new balance between liberalism and market forces on the one hand, and state paternalism and regulatory proliferation on the other. After briefly describing Japan’s demographic situation, I discuss the challenges to liberalism posed by regulatory proliferation (driven in part by demographic imperatives). I argue that liberal renewal and the growth of regulation are movements that can accommodate one another. I then trace examples of such accommodation in Japan’s legal tradition, which has been characterised by a balance of legal formalism and sensitivity to context. I attempt to demonstrate that recent liberal reforms to administrative law sit comfortably within this tradition. As case studies, I then present legal developments in the childcare and retirement pension industries.

AB - Japan is the most rapidly ageing nation in the world. This brings with it unprecedented challenges for government in attempts to secure the welfare of all members of society at all stages of their lives. This chapter traces some of the trends in law and regulation that have occurred in Japan in response to meeting the challenges of demographic change. It argues that demographic change has catalysed new interfaces among the state, individuals and communities despite a liberal ‘renewal’ seeking to clarify and circumscribe these interfaces. These interfaces have in turn produced hybrids of public and private law. In response, some Japanese legal theorists have attempted to fill a vacuum of doctrine to conceptualise these hybrids. Moreover, these theorists attempt to map the way for courts to adjust to a new balance between liberalism and market forces on the one hand, and state paternalism and regulatory proliferation on the other. After briefly describing Japan’s demographic situation, I discuss the challenges to liberalism posed by regulatory proliferation (driven in part by demographic imperatives). I argue that liberal renewal and the growth of regulation are movements that can accommodate one another. I then trace examples of such accommodation in Japan’s legal tradition, which has been characterised by a balance of legal formalism and sensitivity to context. I attempt to demonstrate that recent liberal reforms to administrative law sit comfortably within this tradition. As case studies, I then present legal developments in the childcare and retirement pension industries.

KW - asian studies

KW - asian law

KW - law - academic

KW - politics and public policy

KW - public policy

M3 - Chapter

SN - 9781849804103

SP - 108

EP - 127

BT - Who Rules Japan? Popular Participation in the Japanese Legal Process

A2 - Wolff, Leon

A2 - Nottage, Luke

A2 - Anderson, Kent

PB - Edward Elgar Publishing

CY - United Kingdom

ER -

RYAN TO. Administering welfare in an ageing society. In Wolff L, Nottage L, Anderson K, editors, Who Rules Japan? Popular Participation in the Japanese Legal Process. United Kingdom: Edward Elgar Publishing. 2015. p. 108-127