J. Mark Ramseyer – författare

Several years have passed since the 'store wars' over barriers to foreign products at Japanese distribution firms. Yet among English-speaking readers, how these firms operate remains a puzzle. In this book, the best Japanese scholars in their fields attempt to unravel that puzzle. Avoiding culture-based explanations, they employ a systematic and rigorous economic logic---yet, since they also avoid mathematical notation, the argument remains accessible to generalist readers.Collectively, the authors make four basic points:* Within a country, distribution is less similar than it appears. Not only does it vary enormously across industries, but it often varies within a given industry as well.* Across countries, distribution is less diverse than it appears. Although appearances sometimes suggest major cross-national contrasts, on more careful analysis the differences often disappear. * Distribution sometimes depends on the product involved. Because distribution functions as the principal means by which manufacturers acquire information about consumer preferences, the character of distribution can depend crucially both on demand patterns and on manufacturing technology. * In the absence of regulatory intervention, distribution generally will be efficient and non-exclusionary. Regulation usually introduces inefficiency and often creates barriers to entry. Importantly, however, the targets of exclusion will less often involve foreign than domestic competitors.To illustrate these points, the authors draw on both analyses that cross various sectors and analyses that are specific to sectors; they study both regulated and unregulated industries; they describe industries with extensive imports, industries with extensive exports, and industries with neither; they examine the effect of technological change; and they introduce a variety of case studies, from agriculture and automobiles to electrical appliances and apparel.

It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare. 

For Western economists and journalists, the most distinctive facet of the post-war Japanese business world has been the keiretsu, or the insular business alliances among powerful corporations. Within keiretsu groups, argue these observers, firms preferentially trade, lend money, take and receive technical and financial assistance, and cement their ties through cross-shareholding agreements. In The Fable of the Keiretsu, Yoshiro Miwa and J. Mark Ramseyer demonstrate that all this talk is really just urban legend. In their insightful analysis, the authors show that the very idea of the keiretsu was created and propagated by Marxist scholars in post-war Japan. Western scholars merely repatriated the legend to show the culturally contingent nature of modern economic analysis. Laying waste to the notion of keiretsu, the authors debunk several related “facts” as well: that Japanese firms maintain special arrangements with a “main bank,” that firms are systematically poorly managed, and that the Japanese government guided post-war growth. In demolishing these long-held assumptions, they offer one of the few reliable chronicles of the realities of Japanese business.

In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato present an economic approach to the law, to challenge commonly held ideas about the law. Where many studies assume that Japanese law differs fundamentally from law in the United States, this work shows the essential similarity between the two. Arguing against the idea that law plays only a trivial role in Japan or is culturally determined, the authors demonstrate that standard economic models in fact explain fundamental facets of the way Japanese manipulate the law. This study covers almost all the basic areas of Japanese law: property, contracts, torts, corporate, civil procedure, criminal law, administrative procedure, and tax. Ramseyer and Nakazato draw liberally from case law, and after outlining legal doctrine, they use economic theory and empirical data to sketch the implications the law poses for human behaviour.

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen''s sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Employing a rational-choice approach, Professor Ramseyer studies the impact of Japanese law on economic growth in Japan. Toward that end, the author investigates the way law governed various markets and the way that people negotiated contracts within those markets. For much of the period at stake, the Japanese government was an oligarchy rather than a democracy; the judges operated a civil rather than common law regime; the economy grew modestly but erratically; and social customs changed rapidly and radically. As a result, this study applies an economic logic, but to markets in a vastly different world, in a different historical period, and with a different political regime and legal system. Findings reveal that the legal system generally promoted mutually advantageous deals, and that people generally negotiated in ways that shrewdly promoted their private best interests. Whether in the markets for indentured servants, prostitutes, or marriage partners, Odd Markets in Japanese History reports little evidence of either age- or gender- related exploitation.

In the latter-half of the nineteenth century and the first half of the twentieth century, Japan underwent two major shifts in political control. In the 1910s, the power of the oligarchy was eclipsed by that of a larger group of professional politicians; in the 1930s, the focus of power shifted again, this time to a set of independent military leaders. In this book, Ramseyer and Rosenbluth examine a key question of modern Japanese politics: why the Meiji oligarchs were unable to design institutions capable of protecting their power. The authors question why the oligarchs chose the political institutions they did, and what the consequences of those choices were for Japan's political competition, economic development, and diplomatic relations. Indeed, they argue, it was the oligarchs' very inability to agree among themselves on how to rule that prompted them to cut the military loose from civilian control - a decision that was to have disastrous consequences not only for Japan but for the rest of the world.

Employing a rational-choice approach, Professor Ramseyer studies the impact of Japanese law on economic growth in Japan. Toward that end, the author investigates the way law governed various markets and the way that people negotiated contracts within those markets. For much of the period at stake, the Japanese government was an oligarchy rather than a democracy; the judges operated a civil rather than common law regime; the economy grew modestly but erratically; and social customs changed rapidly and radically. As a result, this study applies an economic logic, but to markets in a vastly different world, in a different historical period, and with a different political regime and legal system. Findings reveal that the legal system generally promoted mutually advantageous deals, and that people generally negotiated in ways that shrewdly promoted their private best interests. Whether in the markets for indentured servants, prostitutes, or marriage partners, Odd Markets in Japanese History reports little evidence of either age- or gender- related exploitation.

In the latter-half of the nineteenth century and the first half of the twentieth century, Japan underwent two major shifts in political control. In the 1910s, the power of the oligarchy was eclipsed by that of a larger group of professional politicians; in the 1930s, the focus of power shifted again, this time to a set of independent military leaders. In this book, Ramseyer and Rosenbluth examine a key question of modern Japanese politics: why the Meiji oligarchs were unable to design institutions capable of protecting their power. The authors question why the oligarchs chose the political institutions they did, and what the consequences of those choices were for Japan's political competition, economic development, and diplomatic relations. Indeed, they argue, it was the oligarchs' very inability to agree among themselves on how to rule that prompted them to cut the military loose from civilian control - a decision that was to have disastrous consequences not only for Japan but for the rest of the world.

Mark Ramseyer and Frances McCall Rosenbluth show how rational-choice theory can be applied to Japanese politics. Using the concept of principal and agent, Ramseyer and Rosenbluth construct a persuasive account of political relationships in Japan. In doing so, they demonstrate that political considerations and institutional arrangements reign in what, to most of the world, looks like an independently powerful bureaucratic state.

Economic arrangements, Ramseyer writes, are structured and implemented with the intent and hope that they will be carried out with 'care, intelligence, discretion, and effort.' Yet entrepreneurs work with partial information about the products, and people, they are dealing with. Contracting in Japan illustrates this by examining five sets of negotiations and unusual contractual arrangements among non-specialist businessmen, and women, in Japan. In it, Ramseyer explores how sake brewers were able to obtain and market the necessary, but difficult-to-grow, sake rice that captured the local terroir; how Buddhist temples tried to compensate for rapidly falling donations by negotiating unusual funerary contracts; and how pre-war local elites used leasing instead of loans to fund local agriculture. Ramseyer examines these entrepreneurs, discovering how they structured contracts, made credible commitments, obtained valuable information, and protected themselves from adverse consequences to create, maintain, strengthen, and leverage the social networks in which they operated.

Economic arrangements, Ramseyer writes, are structured and implemented with the intent and hope that they will be carried out with 'care, intelligence, discretion, and effort.' Yet entrepreneurs work with partial information about the products, and people, they are dealing with. Contracting in Japan illustrates this by examining five sets of negotiations and unusual contractual arrangements among non-specialist businessmen, and women, in Japan. In it, Ramseyer explores how sake brewers were able to obtain and market the necessary, but difficult-to-grow, sake rice that captured the local terroir; how Buddhist temples tried to compensate for rapidly falling donations by negotiating unusual funerary contracts; and how pre-war local elites used leasing instead of loans to fund local agriculture. Ramseyer examines these entrepreneurs, discovering how they structured contracts, made credible commitments, obtained valuable information, and protected themselves from adverse consequences to create, maintain, strengthen, and leverage the social networks in which they operated.

During World War II, the Japanese military extended Japan’s civilian licensing regime for domestic brothels to those next to its overseas bases. It did so for a simple reason: to impose the strenuous health standards necessary to control the venereal disease that had debilitated its troops in earlier wars. In turn, these brothels (dubbed "comfort stations") recruited prostitutes through variations on the standard indenture contracts used by licensed brothels in both Korea and Japan.The party line in Western academia, though, is that these “comfort women” were dragooned into sex slavery at bayonet point by Japanese infantry. But, as the authors of this book show, that narrative originated as a hoax perpetrated by a Japanese communist writer in the 1980s. It was then spread by a South Korean organization with close ties to the Communist North.Ramseyer and Morgan discuss how these women really came to be in Japanese military comfort stations. Some took the jobs because they were tricked by fraudulent recruiters. Some were under pressure from abusive parents. But the rest of the women seem to have been driven by the same motivation as most prostitutes throughout history: want of money. Indeed, the notion that these comfort women became prostitutes by any other means has no basis in documentary history.Ramseyer and Morgan’s findings caused a firestorm in Japanese Studies academia. For explaining that the women became prostitutes of their own volition, both authors of this book found themselves “cancelled.”In this book, the authors detail both the history of the comfort women and their own persecution by academic peers. Only in the West—and only through brutal stratagems of censorship and ostracism—has the myth of bayonet-point conscription survived.