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Kentaro Hayashi: Seeking the Contemporary Significance of Social Law

Publish: May 29, 2023

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  • Kentaro Hayashi

    Research Centers and Institutes Assistant Professor, ´ºÓêÖ±²¥app Economic Observatory (KEO)

    Specialization / Social Law

    Kentaro Hayashi

    Research Centers and Institutes Assistant Professor, ´ºÓêÖ±²¥app Economic Observatory (KEO)

    Specialization / Social Law

I specialize in social security law and labor law, but when explaining my field of expertise, I consciously use the term "social law."

The term "social law" was once used in contrast to the concept of "civil law." In the world of civil law, legal relationships are formed through negotiations between equal legal subjects on equal footing. In contrast, social law focuses on the imbalances of power that exist in reality and aims to construct legal theories based on such recognition. Fields belonging to social law have included labor law, social security law, and economic law.

However, it is said that the significance of specifically contrasting and emphasizing these concepts has been lost today. Although the term social law is still used to refer to these legal fields, I am skeptical about the extent to which the meaning of the name is consciously recognized. In fact, it feels as though the various fields once grouped under social law have become independent, each with its own scope and methodology. Is the concept of "social law" now merely a historical legacy?

No, my awareness of the issue is that this is not the case. Recent changes suggest that we are being prompted to refocus on this concept. For example, the emergence of the so-called "working poor" in the late 2000s demonstrated that the division between labor law and social security law¡ªwhere people can enjoy a stable life solely through income from employment, and social security is for those unable to work sufficiently¡ªis no longer realistic. Furthermore, the recent increase in people working without employment, such as freelancers¡ªworkers not covered by labor law¡ªhas sparked discussions about utilizing economic law (Antimonopoly Act) as a method of protection and the collaboration between labor law and economic law. Of course, the mere intersection of practical issues does not immediately prove the significance of social law. However, the fact that legal fields, which were once discussed for their common characteristics and subsequently developed independently, are now required to look at the same issues again may be an opportunity to give new meaning to the framework of social law.

At ´ºÓêÖ±²¥app, the tradition remains where labor law and economic law both provide research guidance under the name of social law. My intention in explaining my field of expertise is to strive to make this a base for considering the contemporary significance of social law and presenting it to the world.

*Affiliations and titles are as of the time of publication.