Published January 22, 2026 | Version v2

Toward a Second Judicial Reform in Japan: Aptitude-Based Selection and Long-Term Practical Training as a Historically and Internationally Grounded Alternative

Authors/Creators

Description

This work proposes a new institutional design for cultivating preventive-justice professionals in Japan, grounded in historical analysis and international comparison. Preventive justice refers to early identification of risks, cross-sector coordination, and practical legal intervention in schools, welfare agencies, and local governments—areas where Japan currently lacks a structured professional pathway.

The paper clarifies three persistent misconceptions in Japanese policy debates:

(1) the old bar examination was historically and internationally abnormal in difficulty;

(2) Japanese legal practice prioritizes accuracy and precedent adherence over theoretical creativity;

(3) major jurisdictions rely on aptitude testing combined with long-term supervised practical training.

Building on these insights, the paper proposes an alternative model consisting of an aptitude-based selection process, short institutional training, and one to two years of supervised practical apprenticeship. The proposal aligns with Japan’s administrative culture and is fiscally feasible, supported by a detailed cost model. The study contributes a historically grounded critique of Japan’s selection system, a comparative analysis of competency-based training frameworks abroad, and a policy design tailored to Japan’s public-sector needs.

Files

second_generation_judicial_reform.pdf

Files (307.3 kB)

Name Size Download all
md5:a76f6bf19493e2627e2d974154e56477
174.6 kB Preview Download
md5:d4bd8cb501498d6c98b75efe919fc689
12.9 kB Preview Download
md5:3722912e8f319833fcc6242a835e0982
81.3 kB Preview Download
md5:3a011dfdf2f06117a35c9a9e89a38b53
4.7 kB Preview Download
md5:dc048ccb97fb3c58a074fce38a561709
33.8 kB Download