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The Development of Jury Service in Japan
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.
Contemporary Challenges in the Jury System
This collection explores a variety of issues facing contemporary juries, bringing together innovative research from different disciplines and jurisdictions. The debate stems from a real concern that criticism of the jury may lead to a loss of public confidence in the institution and that this may renew government efforts to further restrict the role of the jury in criminal proceedings in England and Wales. This work offers an interdisciplinary approach presenting insights from legal, psychological and criminological perspectives, thus bypassing traditional borders and presenting a cohesive view. Issues discussed reflect the rapid advances in technology, changing dynamics and behaviours in society, and challenges that have been aggravated by the Covid-19 pandemic. Whilst the focus is primarily on juries in England, Wales, Scotland and across Ireland in terms of challenges and opportunities, the collection also invites a comparative perspective, drawing on experiences and related research in other jurisdictions. The book will be of interest to academics, researchers and policy-makers working in the areas of criminal law and procedure, criminal justice, criminology and psychology.
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Gender and Law in the Japanese Imperium
Beginning in the nineteenth century, law as practice, discourse, and ideology became a powerful means of reordering gender relations in modern nation-states and their colonies around the world. This volume puts developments in Japan and its empire in dialogue with this global phenomenon. Arguing against the popular stereotype of Japan as a non-litigious society, an international group of contributors from Japan, Taiwan, Germany, and the U.S., explores how in Japan and its colonies, as elsewhere in the modern world, law became a fundamental means of creating and regulating gendered subjects and social norms in the period from the 1870s to the 1950s. Rather than viewing legal discourse and the...
From Metaphor to Direct Speech
New Drama--a collection of actors, directors, and playwrights in Russia, Ukraine, and Belarus--is one of the most active and vibrant artistic movements in the Russophone world today yet remains understudied in the West. E. Susanna Weygandt demonstrates that the major innovation of New Drama is a sonic turn, an aesthetic development that moves away from traditional, Stanislavskian embodied performance to something almost purely aural. New Drama, which began in the tumult following the collapse of the Soviet Union and continues even in an increasingly censorious Russia today, emphasizes contemporary social issues and privileges disadvantaged voices, using documentary modes to literally bring t...
Popular Participation in Japanese Criminal Justice
This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an impo...
New Courts in Asia
This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.
審議式法庭
「人民參與刑事審判」作為近年來司法改革的重要議題，到底是玩真的？還是玩假的？真正實施後，究竟會帶來什麼樣的改變和影響？ 本書透過文獻爬梳、跨領域田野調查、模擬法庭觀察與參與者深度訪談，以及跨國界實地考察，對此議題作出了結合學理與實務、兼具深度與廣度的討論與分析。作者並從政治學上的審議式民主發想，建構審議式法庭概念，作為統合人民參與刑事審判的目標與未來評估標準，期待避免數人頭的司法民主與刑罰民粹的弊病。
The Rule of Law in Japan
Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Good...
公民參與刑事審判之研究
當代刑事司法受法系傳統與社會文化影響至深，公民參與刑事審判制度涉及多重結構問題，如何繼受必須慎思。本書討論制度定位發展，闡釋公民參與擔保正當法律程序，公平審判之目的，以舉證責任、經驗法則、論理法則之證據判斷為核心，思考公平審判之內涵與無罪推定之涵意，二者應透過公民參與刑事審判予以擔保，期能教化司法正義於人心，並促進司法與社會相互理解、信賴與支持。
