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Dentsū Changed Nothing: Reexamining Karoshi in Japan Through Shavell's Insights on the Incentives to Prevent Accidents
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Robert McGuire
Published/Copyright:
April 23, 2012
Ten years after the Japanese Supreme Court established a duty of care for employers to guard employee health, incidents of death by overwork remain critically high. This Note argues that the Dentsū standard of near-strict employer liability does not create sufficient incentives to prevent karoshi. Applying Steven Shavell’s insight that a victim who knows his injurer will be liable for damages will not be incentivized by the law to prevent the harm, the Note explains why neither employees nor the employers responded to Dentsū. It concludes that Dentsū is correctly understood as cause of action in tort for survivors of karoshi victims, not a vehicle to change the Japanese workplace.
Published Online: 2012-4-23
©2012 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Keywords for this article
Japan;
Shavell;
karoshi;
karo jisatsu;
law and economics;
liability regimes;
suicide
Articles in the same Issue
- Article
- Law and Finance: What Matters? Hong Kong as a Test Case
- Judicial Politics in Unstable Democracies: The Case of the Philippine Supreme Court, An Empirical Analysis 1986-2010
- In Quest of Judicial Independence for Protecting Private Property: Evidence from Constitutional Review in South Korea
- Developing Human Capabilities Through Law: Is Indian Law Failing?
- Dentsū Changed Nothing: Reexamining Karoshi in Japan Through Shavell's Insights on the Incentives to Prevent Accidents
- Discretionary vs. Mandatory Prosecution: A Game-Theoretic Approach to Comparative Criminal Procedure
- Law and Technology of Data Privacy: A Case for International Harmonization
