Why Can’t I keep my Surname? The Fairness and Welfare of the Japanese Legal System
研究了日本现行婚姻姓氏政策与允许保留婚前姓氏的修订法案的福利和公平性，发现修订法案能提高福利，且反对者的外部偏好基于公平理由无效。
This study examines the welfare and fairness implications of Japan’s current policy on marriage surnames versus the proposed revised family law, which would enable husbands and wives to retain their premarital surnames. The study compares welfare in these two legal states, with a married couple’s welfare dependent on marriage-surname choice. It reviews the external preferences of anti-revisionists by the fairness criteria of impersonality or extended sympathy. Utilizing web-based survey data, the study conducts nonparametric rank analysis and parametric analysis of willingness to pay (WTP) for surname retention and legal support. Moreover, it conducts a structural equation analysis via a multiple indicators multiple causes (MIMIC) model, incorporating surname attachment and fairness as latent variables. The study shows that the revised law can increase welfare and that external disutility of the legal revision is invalid on fairness grounds.