Compliance-Oriented Legalization and the Problematization of Irregularities in Japanese Common Forest Registration
Perspectives of Commoners and Forestry Cooperatives
Bibliographic Data
| ID | 3793237 |
|---|---|
| Authors | Gakuto Takamura (0000-0002-3757-9306) |
| Year | 2025 |
| Pages | 1-19 |
| Publication date | 2025-10-03 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2025.10027 |
| OpenAlex | W4414773534 |
| Language | EN |
| References cited | 16 |
This paper empirically examines the conflict between official and unofficial law, focusing on cases where discrepancies arise between registered titleholders and owners based on customary rights in Japan's common forests. In Japan, compliance-oriented legalization has progressed, and recent legal reforms have framed common forests with irregular registrations as "abandoned lands with unknown owners." Interviews with commoners revealed a weakening confidence in their customary rights, leading to a lack of resistance to demands for registration regularization. However, a nationwide survey of forestry cooperatives showed that common forests are often well-managed due to economies of scale. In practice, legal relationships are frequently established with representatives of commoner groups, bypassing the need to trace all heirs of outdated titleholders, thereby mitigating the tragedy of the anti-commons. However, this practice stems from the high costs of complying with official law and does not signify a revival of customary rights. In fact, forestry cooperatives that placed emphasis on registration were confronted with difficulties in managing common forests
Conservation, Biodiversity, and Resource Management · Environmental Conservation and Management · Forest Management and Policy
Governing the Commons
Making the commons work
External impacts on traditional commons and present-day changes
Formalizing commons, registering rights
Bundle of Rights Reversed
Impacts of 150 Years of Modernization Policies on the Management of Common Forests in Japan
On the commons of developed industrialized countries
Land Without Identifiable Ownership” in the Post-East Japan Earthquake Recovery
The Tragedy of the Anticommons
| Citation velocity | historical |
|---|---|
| Highly cited | No |