Japan' s Love for Derivative Actions:Revisiting Irrationality as a Rational Explanation for Sha

• 作 者: Masafumi Nakahigashi Dan W.Puchniak
• 机 构: the School of Law,Nagoya University,the Faculty of Law,National University of Singapore,
• 出 处: 商事法论集
• 发表日期: 2012年01期
• 关键词: derivative Rational Actions Japanese rational filed listed likely solely Mitsui

I.Introduction It was not long ago that there was a consensus in the legal academy that the Japanese were irrational litigants.As the theory went,Japanese people would forgo litigating for financial gain because of their cultural obsession for maintaining social harmony.Based on this theory,it made perfect(but economically irrational)sense that Japanese shareholders let their US-transplanted derivative action lay moribund for almost four post-war decades when at the same time the derivative action was a staple of

I.Introduction It was not long ago that there was a consensus in the legal academy that the Japanese were irrational litigants. As the theory went, Japanese people would forgo litigating for financial gain because of their cultural obsession for social harmony.Based on this theory, it made perfect (but economically irrational) sense that Japanese shareholders let their US-transplanted derivative action lay moribund for almost four post-war decades when at the same time the derivative time was a staple of