Please help me with this home work questions. Please read the following document and answer the following questions.

• What are Yoshida's main arguments about why Japanese people are 'reluctant litigants'?
• Does he adequately critique and respond to the Haley 'pragmatic argument'? Do the different approaches reflect different analytical assumptions or do they disagree about the data?
• Do you find the explanations for the perceived lack of legal consciousness convincing?

The Reluctant Japanese Litigant A 'New' Assessment by Masayuki Yoshida Electronic journal of contemporary japanese studies Discussion Paper 5 2003 Introduction In general there are two competing academic viewpoints that try to explain the fact the civil litigation in Japan is not frequently resorted to as a means to settle a wide variety of disputes. In Japan there appears to be a preference for mediation and conciliation. This is in sharp contrast to how similar disputes might be settled in the United States and elsewhere in the Western world, where some forms of legal proceedings would constitute an initial position. At the risk of an oversimplification, the two schools of thought can be set out as follows: (a) The views of Professor Takeyoshi Kawashima (1967) that the Japanese lack a "legal consciousness", and do not conceive of or define their relationships and transactions in terms of legally enforceable rights. I shall call this the "Mindset argument" (b) The criticism of Kawashima by the American academic John Owen Haley (1978) which concludes that the reluctant Japanese litigant is a "myth", and the major cause of limited litigation is the lack of legal machinery, in terms of a shortage of lawyers, judges and a non- functioning court process, which is designed to inhibit litigation rather than facilitate it. This leads to a "pragmatic" rejection of litigation as "not paying". I shall refer to this as the "Pragmatic argument". I shall consider both viewpoints in this essay and suggest neither is entirely correct nor entirely incorrect, rather by adopting a dynamic assessment of the social relationships of would-be litigants and carefully considering the socio-psychological factors which control human interaction in Japanese society, we will be in a better position to understand why a lawsuit in a given situation may or may not be entered. Haley Argues that Litigation Does Not Pay In the introduction to his provocative essay "The Myth of the Reluctant Litigant" (ibid.), one of very few studies written by non-Japanese academics, Haley comments: The belief that the Japanese are an exceptionally non-litigious people is remarkably pervasive. Commentators, both within and without Japan, are almost unanimous in attributing to the Japanese an unusual and deeply rooted cultural preference for informal, mediated