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A little Japanese girl making a pinky promise with her mother

Rules without penalties in Japanese society

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Invisible Rules, Invisible Order

Japan is full of rules.
As someone who has lived in Japan my entire life, these rules were always so normal that I never gave them a second thought.
But a friend living overseas pointed them out, and I became curious myself.
So, in this article, I want to explore the rules that Japanese people follow without even realizing it.

Table of Contents

In Japan, a society characterized as a “high-context culture” where unspoken norms function to keep things running, there are many unique rules that people abide by, even without a formal, legally-enforced penalty.
In contrast, these norms can be difficult to grasp for those from “low-context cultures” like many Western countries, where laws with clear penalties are the primary drivers of social behavior.
To truly understand Japan, where unspoken norms make society function, these “rules without penalties” are a crucial key.

This report will do more than simply introduce good manners; it will delve into the deep spirit behind these rules and their impact on society as a whole.
By providing specific examples, we will examine the social context that gave rise to them, analyze the mindset that compels Japanese people to follow them despite a lack of legal punishment, and ultimately evaluate their influence on Japanese society from multiple perspectives.
The goal is to provide a deeper understanding of Japanese culture for readers in Western countries.

Specific Examples of Unpunished Norms and Their Social Context

The “rules without penalties” in Japanese society can be broadly categorized into three levels.
The first is a set of legal provisions, the second comprises customs rooted in daily life, and the third is the “implicit understanding” that exists within organizations and communities.
Each of these emerges from a different background and maintains social order through its own unique form of enforcement.

Legal Provisions Without Penalties

Within the Japanese legal system, some provisions do not penalize an act directly but indirectly shape social norms by punishing actions that facilitate or are related to the act.
For example, Article 3 of the Anti-Prostitution Law states that “no person shall engage in prostitution or be a partner to it,” but the person engaging in the act themselves is not penalized.
Instead, those who “solicit, mediate, or manage” the act are subject to punishment.
Similarly, under the law prohibiting underage drinking and smoking, the person who drinks or smokes is not penalized; instead, the penalties apply to the person who sells the alcohol or cigarettes or to the parental guardian (who may be subject to a minor fine).

There was also a time when violating the Interest Rate Restriction Law for money lenders had no penalty in conjunction with the Investment Act, leading to the widely publicized and practiced “gray zone interest” lending.
Even legal experts have commented on being “confused by the complexity” of these provisions, a fact that speaks to a certain aspect of Japan as a nation of law.

These provisions demonstrate an approach that doesn’t enforce behavior directly but instead attempts to achieve its objective by “removing the opportunity to act.”
This suggests that the role of law is not just to punish offenders but also to serve as a “norm-builder,” presenting certain behaviors as “undesirable” to society. Even without a penalty, the law itself contributes to reinforcing social norms, highlighting its “educational and enlightening” aspect.

Customs and Manners Rooted in Daily Life

Many norms ingrained in daily life originate from a value system that prioritizes the comfort of the group over the pleasure of the individual.
For example, in Japan, you take off your shoes when entering a home, a tatami-mat room, or a temple or shrine.
In public baths and hot springs, you must always wash your body before entering the bathtub and never wash inside it.
These practices emerged from the desire to keep a “shared space” – used by an unspecified number of people – running smoothly and staying clean.

On trains, it is considered bad manners to talk on your cell phone or speak loudly.
Similarly, not littering and quietly waiting in line strongly reflect the Japanese culture of “mutual consideration” and the national trait of being “clean.”

These rules apply to behaviors in shared spaces like trains, baths, streets, and waiting rooms, where an individual’s actions directly affect the comfort of others.
The reason everyone follows them, despite the lack of legal penalties, is the strong desire not to inconvenience others.
This self-governing system, which maintains public comfort without relying on legal punishment, is a cornerstone of Japanese order.

Implicit Understandings at Work and School

To understand Japanese society, one cannot ignore the “implicit understandings” that exist within organizations and communities.
These are not documented in manuals or rules but are “unwritten laws” or a “shared recognition” that are considered common sense, following the feeling of “isn’t that obvious?”

In the workplace, there are often implicit understandings like “if someone is working overtime, I should stay too” and “I shouldn’t leave before my boss.”
It is also often an unspoken rule not to contradict your boss during a meeting or for the newest employee to make dinner reservations.

These rules emerge from a culture that prioritizes the harmony of human relationships over work efficiency or constructive debate.
A key characteristic is the psychological penalty of being labeled as someone who “can’t read the air” or “lacks a spirit of cooperation” if you don’t comply.
This “unspoken pressure” can stifle individual initiative and increase stress.
Therefore, “implicit understandings” are not just simple customs; they represent a structural problem in modern Japanese society in the form of peer pressure.

As we’ve seen in this section, Japanese social norms are multilayered, based on whether or not a penalty exists.
While Western societies tend to dichotomize norms into “legal or not,” Japanese society is built on a complex, multilayered system where legal and social pressures are intricately intertwined.

Type of Norm	Examples	Basis	Legal Binding	Primary Enforcement
Law (with penalty)	Drug offenses⁹	Codified law	Strong	Criminal punishment by police/courts
Law (without penalty)	Underage drinking/smoking¹	Codified law	Weak	Social sanctions, penalties for related parties (e.g., sellers)
Social Custom	Public bath etiquette, waiting in line³	Historical context, community values⁵	None	Scrutiny from others, public image, desire for harmony⁵
Implicit Understanding	Not leaving before your boss⁶	Organizational culture, human relationships⁶	None	Peer pressure, impact on evaluations, fear of isolation⁶

Why Do People Follow Rules Without Penalties? An Examination of the Japanese Mindset

The reason that rules without penalties function so well in Japan is rooted in a deep-seated Japanese mindset.
This section will delve into the core concepts of that mindset.

The Philosophy of “Wa” and Collectivism

The roots of the Japanese “reading the air” culture lie in the cooperative rice-farming tradition and the philosophy of prioritizing “wa” (harmony).
This history of needing to work together in groups has cultivated a value system that prioritizes the comfort of the collective over the pleasure of the individual.
This collectivist value system is the foundation for actions that put the group’s benefit ahead of the individual’s.
Avoiding conflict and maintaining harmony is considered a virtue, and this unconsciously regulates people’s behavior.

“Reading the Air”: The Art of Communication

“Kūki o yomu” (literally, “reading the air”) is the act of sensing and acting upon unspoken intentions and the atmosphere of a situation.
In Japanese society, it is considered an essential skill for building smooth relationships.
This is a sophisticated communication technique for saving face and avoiding direct conflict.
Ambiguous expressions often hide consideration and deference, so it is more important to read non-verbal cues like facial expressions, pauses in silence, and tone of voice than to focus on the words themselves.
As a “high-context culture” with many shared backgrounds and assumptions, the ability to sense another person’s intentions is an essential survival strategy for avoiding friction and building smooth relationships.

“Sekentei” and Consciousness of Others’ Evaluations

“Sekentei” means “one’s appearance to the public” or “reputation.”
Japanese people tend to be very concerned about “being different from others.”
Unlike the Western emphasis on “individual freedom,” the psychology of prioritizing “how I am seen by those around me” becomes a powerful motivator for action.
Even without legal penalties, the fear of losing social standing functions as a powerful internal norm that regulates behavior.
The concept of “sekentei” is an indispensable element in explaining the Japanese social system, where social sanctions, distinct from legal ones, are at work.

Peer Pressure as a Social Dynamic

While “reading the air” is a cooperative skill for smooth communication, taking it too far can morph into the social dynamic of peer pressure (dōchō atsuryoku).
The phenomenon occurs when a minority opinion is implicitly forced to conform to the majority, as “not being able to read the air” becomes pathologically perceived as a “bad thing.”

This excessive “reading the air” has been analyzed as having ushered in an era of “sontaku” (忖度), or an over-anticipation of others’ wishes.
Some have pointed out that this habit of preemptively guessing what others want and acting on it is a reason why the modern Japanese mind is “too exhausted.”
Thus, a skill that was originally for cooperation has the potential to transform into a social dynamic that robs individuals of their autonomy and increases mental stress.

Let’s compare the two often-confused concepts of “reading the air” and “peer pressure.”

Item	Reading the Air	Peer Pressure
Definition	Sensing the atmosphere of a situation or another’s intentions	Psychological and social pressure to conform to your surroundings
Purpose	Smooth communication, maintaining relational harmony	Group cohesion, faster decision-making
Example Action	Interpreting silence in a meeting as a sign of deep thought⁵	Staying at work because others are working overtime⁶
Driving Emotion	Cooperativeness, consideration	Fear of isolation, a desire for security
Potential Negative Side	Risk of misinterpreting intentions	Suppression of creativity, increased stress, harassment⁸

The Pros and Cons of Rules Without Penalties: Their Impact on Japanese Society

Rules without penalties have a multifaceted impact on Japanese society.
This section will provide a balanced analysis of their merits and demerits.

Positive Impact: Social Cohesion and Unity

A strong peer pressure has the advantage of making it easier to create social cohesion.
When everyone shares the same values and behavioral standards, a sense of solidarity within the group increases, and it becomes easier to build cooperative relationships.
In organizations, following a common code of conduct enhances a sense of unity and solidarity, enabling smoother communication and faster decision-making.
Moreover, when employees follow a consistent standard, the quality of products and services becomes uniform, which leads to building trust with customers.
This “social cohesion” can be said to be one of Japan’s strengths.

Negative Impact: Suppression of Individuality and Stagnation

On the other hand, if peer pressure is too strong, it can suppress individual creativity and initiative, potentially hindering innovation.
There exists an environment where people with different opinions or new ideas are seen as people who “can’t read the air” and are forced to suppress their self-expression.
As a result, it becomes difficult for new ideas and diverse perspectives to emerge, and there is a risk that the growth and evolution of society as a whole will stagnate.

Furthermore, in an environment of strong peer pressure, individuals are required to suppress their own opinions and values, which can lead to increased employee stress, higher turnover rates, and decreased productivity.
It has also been pointed out that when individual opinions are devalued and top-down directives are considered absolute, it can become a hotbed for harassment.
The culture of prioritizing “wa,” which has long been a strength in Japan, is in a trade-off relationship with the diversity and creativity required in a global society.

Conclusion: A Message for a Global Audience

The order of Japanese society is supported not only by the clear framework of its laws but also by a multilayered set of norms without penalties.
Even without legal punishments, social sanctions (the scrutiny of others, “sekentei”) and an internal sense of ethics function as powerful forces that regulate people’s behavior.

To understand this unique society, it is essential to be aware of these “unspoken rules,” not just the ones that are explicitly stated.
Why do Japanese people stand quietly in line?
Why don’t they speak loudly on the train?
These are not simply “strange customs,” but the result of a complex social system created by a culture that prioritizes the comfort of the group over individual pleasure and a psychology that fears social isolation.

While this system can create a smooth and cohesive society, it also holds the contradiction of suppressing individual self-expression and creativity.
Therefore, to understand Japanese culture, it is important to grasp both sides of the coin and recognize it as a complex social system with both merits and demerits.
Having this perspective will lead to a deeper understanding of Japanese culture and its people.