森本•塩谷報告へのコメント

抄録

This is a Report of research work carried out on Shiho-Shoshi (Judicial Scrivener; a kind of quasi-lawyer of which there are no counterparts in Europe and U.S.A.) by scholars of sociology of law. This is the first and only research work ever carried out on this subject by academics and, in this sense, it is significant.
However, when considering the future image of Shiho-Shoshi in relation to "Judicial Reform", which appears to be proceeding at rapid pace, it is not sufficient to just investigate the actual conditions prevailing today. In a wide sense, the legal profession in Japan has been diversified. Apart from qualified lawyers, there are various types of quasi-lawyers; administrative scriveners, tax attorneys and so on. It is therefore necessary to consider what should be the role of the Shiho-Shoshi from the perspective of the legal profession at large. The problem should be studied from the point of what form of the legal profession would be most suitable to establish the Rule of Law in this society and provide optimum legal services to the citizens.