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The Development of Jury Service in Japan: A square block in a round hole?

Autor Anna Dobrovolskaia
en Limba Engleză Paperback – 30 iun 2020
This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban’in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban’in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.
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Specificații

ISBN-13: 9780367596132
ISBN-10: 036759613X
Pagini: 296
Dimensiuni: 174 x 246 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Cuprins

Chapter 1. Introduction


Legal Change: Contending Explanations


Plan of the Book


Chapter 2: The Pre-war History of the Concept of Trial by Jury in Japan


Historial Background: The Developments in the Japanese Legal System in the Meiji Period


The Introduction of the Concept of Jury Service to Japan


The Bureaucratic Jury (Sanza) System


The Meiji Constitution: The Public Debate


Boissonade’s Proposal: Provisions Concerning the Jury in the Draft of the Code of Criminal Instruction


Evaluating the First Attempts to Introduce Trial by Jury in Meiji Period Japan


Conclusions


Chapter 3. The Pre-war Jury System


Historical Background: The Developments in the Legal System in the Late Meiji, Taishō, and Early Shōwa Periods


Drafting and Implementation


The Jury Act: A Summary


Promotion Efforts and Implementation


The Japanese Jury in Action


Amendments and Suspension


Evaluating Japan’s Pre-war Experience with Jury Trials


Conclusions


Chapter 4. Attempts to Introduce the Jury System in Japan’s Colonial Possessions


Historical Background: Japan and Its Colonies


Taiwan: Attempts to Introduce the Jury System in the Japanese Colonial Period


Karafuto: The Jury System on the Island during the Japanese Colonial Period


The Jury System in Colonial Japan: The Colonized Peoples in Japanese Jury Courts


Evaluating the Attempts to Introduce the Jury System in Taiwan and Karafuto


Conclusions


Chapter 5. The Occupation Years: Attempts to Introduce the Jury System


Historical Background: The Developments in the Legal System in the Immediate Post-War Period


The Proposals to Introduce the Jury System in Mainland Japan under the Allied Occupation


The Jury System in Okinawa under the U.S. Occupation


Evaluating Japan’s and Okinawa’s Experiences with Jury Trials under the Occupation


Conclusions


Chapter 6. The Mixed-Court Jury (Saiban’in) System in Contemporary Japan


Historical Background: The Developments in the Legal System in the Post-Occupation Period


The Background to the Adoption of the Lay Judge Act


Drafting and Enactment


The Lay Judge Act: A Summary


Preparation for Enforcement


Public Debate


Implementation and the First Lay Judge Case


The First Six Years of the Functioning of the System


Evaluating Japan’s New Lay Judge (Saiban’in) System


Conclusions


Chapter 7. Conclusions


Why Was the Jury System Introduced (or Ended Up not Being Introduced) at Different Times in Japan’s History?


What Were the Determinants of Success and Failure of Japan’s Past Experiences with the Jury System and How Does the Lay Judge (Saiban’in) System Fare with regard to These Parameters?


A Summary of Findings: Revisiting the Two Approaches to Analyzing Legal Change


Bibliography


Appendix


Illustrations


Index

Notă biografică

Anna Dobrovolskaia is an independent scholar currently based in Tokyo, Japan. Her main areas of interest include the sociology of law and Japan’s legal, political, and cultural history.

Recenzii

"This book is a superb contribution to the field of law and society. It breaks new ground in our understanding of the success and failure of legal transplants, and reveals the political and legal factors that can promote or undermine democratic institutions like trial by jury. All those who are interested in trial by jury and democratic legal reform should read this extraordinary book."
Professor Valerie P. Hans, Cornell Law School, USA
 

Descriere

This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Focused on related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. The work further poses the question of whether the saiban’in sys