Comparative, Realistic, Communitarian and Public Qualities: Looking Back Michitaka Kaino's Sociology of Law

Among Japanese socio-legal scholars, Michitaka Kaino (1908-1975) remains hidden abroad, though he is unique with comparative, realistic, communitarian and public qualities. Kaino covers the Emperor system/fascism, human rights, the courts, ownership, commons, family, sociology of law and pollution, which are titles of his eight collective works. He wrote many papers and articles in various journals and newspapers, which included opening essays to the monthly legal magazine called Horitsu Jiho. Furthermore, he invoked Western legal doctrine to solve domestic problems, presided over a public book-reading circle, represented as an attorney regional peasants who insisted upon their rights of iriai, and developed the sphere of environmental law.

Above-mentioned Kaino’s qualities seemed to have characterized Japanese sociology of law to some extent. A comparative law perspective has been requisite for most Japanese socio-legal scholars. Realistic view of law in confrontation with Japanese social situation has become a matter of course. Kaino’s stance to the right of iriai has been reevaluated in light of the study on the commons. In reference to the notion of “public sociology”, Kaino’s stance and works seem to fit “public sociology of law”.

The methodology is a life history analysis, which tries to reconstruct Kaino’s personal experience and life from his written records such as interviews and his biography. It is expected that a relationship between one socio-legal scholar and society would be brought into relief through this approach. Thereafter, qualities, merits and limits of Kaino’s sociology of law will be considered from the point of view of global legalization.