Free Delivery Over $100
|
|
|||
|
||||
OverviewThis 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. Full Product DetailsAuthor: Anna DobrovolskaiaPublisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.453kg ISBN: 9780367596132ISBN 10: 036759613 Pages: 284 Publication Date: 30 June 2020 Audience: College/higher education , General/trade , Tertiary & Higher Education , General Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsChapter 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 IndexReviews""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 """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 ‘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" """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" 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 Author InformationAnna 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. Tab Content 6Author Website:Countries AvailableAll regions |
||||
