日弁連からの積極的司法像、弁護士像提起

抄録

A working group of Japan Federation of Bar Associations recently published a paper on total plans of the near-future judicial system in Japan. As conflicting opinions among the members could not be reconciled, this paper consists of two different volumes, one reflecting majority view (volume B) and the other, minority view (volume A). As chairperson of the members making up volume B, I believe this part of ours represents the most positive and constructive vision of the judicial reforms in the present JFBA.
There are criticisms on our stance. Some identify it with market centered libertarianism and deregulation movements advocated and carried out by those in power and by the business leaders. They argue that this stance is very likely to lead to the destruction of professional autonomy. But their discussions are no more than refutable and ideological speculations and lack concrete data and proof. More sociologists of law in Japan should leave ivory towers and observe the actual front line of the ongoing judicial reforms.
Professional autonomy and authority depend ultimately on how people evaluate their importance. When we rest on our present laurels and do not try to reform the system including ourselves, it is then that our role in democratic and liberal society will be forgotten and not in the least cared for.