The Implications of Apology: Law and Culture in Japan and the United States

The significance of apology after serious injury depends on social and cultural factors that appear to be understood differently in Japan and America. As a consequence, what is considered a sincere apology is not the same in the two societies. Moreover, the role of an apology as an ingredient in the formal resolution of legal disputes diverges. Salient legal aspects of apology are discussed, along with the possibilities that an apology may be a defense to a claim, that it may be an admission of another's claim, and that an apology may be a legal remedy for injury. The role in Japan of the formal letter of apology, shimatsusho , is described. It is suggested that apology may be an underdeveloped aspect of dispute resolution in America. There are some injuries when an apology alone surely is inadequate compensation, but there are other injuries when traditional common law remedies are unsatisfactory and an apology may be a crucial element in the recognition and restoration of human relationship.