From the Substance to the Shadow: The Court Embedded into Japanese Labor Markets
AbstractIf a perfected claim cannot be placed on workers, investment in workers by employers could become less-than optimal. Thus, the protection of an employer's investment, balanced against mobility of the labor market for better employer-employee matches, is desired. We explore how Japanese state courts in their early period first directly protected the interests of employers, curbing mobility, and then indirectly governed trades between employers as a shadow off-the-equilibrium path, enabling labor market mobility with protection of an original employer's claim, in the labor market of the silk-reeling industry that led Japan's industrialization.
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Bibliographic InfoPaper provided by Institute of Social Science, The University of Tokyo in its series ISS Discussion Paper Series (series F) with number f168.
Length: 24 pages
Date of creation: 24 Feb 2014
Date of revision: 18 Mar 2014
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More information through EDIRC
employment contract; poaching; bystanderfs infringement on claim; shadow of the law; Japan;
Find related papers by JEL classification:
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
- L14 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Transactional Relationships; Contracts and Reputation
- J42 - Labor and Demographic Economics - - Particular Labor Markets - - - Monopsony; Segmented Labor Markets
This paper has been announced in the following NEP Reports:
- NEP-ALL-2014-03-08 (All new papers)
- NEP-LAW-2014-03-08 (Law & Economics)
- NEP-LMA-2014-03-08 (Labor Markets - Supply, Demand, & Wages)
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