A Comparative Analysis of Punitive Damages in the United States and Japan: Toward Enhanced Intercultural Understanding
Saeko Ozawa Ujiie
SBF Consulting LLC
Pages: 59-76
JALT Business Communication Journal, Vol..2, Issue 1, November 2024, Pages 59-76
https://doi.org/10.37546/JALTSIG.BzCom2.2024-04
Abstract
The study provides an in-depth exploration of punitive damages in the United States, focusing on its implications within global business and legal contexts. It examines how punitive damages in the U.S. serve to punish severe misconduct and deter future wrongdoing, particularly in cases of egregious harm. This approach is contrasted with Japanese law, which emphasizes compensating actual losses and typically excludes punitive damages. Through analysis of landmark U.S. cases, such as the Ford Pinto and McDonald's coffee cases, the study highlights both the justifications for and criticisms of punitive damages, including concerns about excessive awards and the evolving legal constraints following rulings like BMW of North America, Inc. v. Gore. Additionally, the paper considers debates on the potential introduction of punitive damages in Japan, acknowledging the cultural and legal factors that create resistance. This comparative analysis aims to foster greater intercultural understanding by illuminating how fundamental differences in legal philosophy shape each country’s approach to corporate liability and justice.
Saeko Ozawa Ujiie is an international business consultant. She previously worked for Morgan Stanley, UBS, and Merrill Lynch in London and New York. Saeko has an MBA from the Kellogg School at Northwestern University, an MA in Sociology and Anthropology of Education from UC Berkeley, and a BA from Waseda University. She has been an adjunct and visiting professor of business administration at the undergraduate and graduate levels for over a decade. She also received her LLB from Chuo University in 2011.