Juries in the Japanese legal system : the continuing struggle for citizen participation and democracy / Dimitri Vanoverbeke.
2015
KNX1585 .V366 2015 (Map It)
Available at Cellar
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
Juries in the Japanese legal system : the continuing struggle for citizen participation and democracy / Dimitri Vanoverbeke.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2015.
Call Number
KNX1585 .V366 2015
Former Call Number
Jpn 865 V347 2015
ISBN
9780415540216 (hardback)
0415540216 (hardback)
9781315709901 (ebook)
0415540216 (hardback)
9781315709901 (ebook)
Description
ix, 222 pages : illustration ; 24 cm.
System Control No.
(OCoLC)893784383
Summary
"Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan's earlier experiments with jury trials in the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Table of Contents
List of illustrations
vii
Preface
viii
Introduction
1
pt. I
Trial by jury and judicial reforms in Japan: setting the scene
7
1.
Policy-making and judicial reforms in contemporary Japan: the context of the trial by jury
9
pt. II
Trial by jury in a historical context
35
2.
Early experiences with the trial by jury: Japan's struggle with modernization
37
3.
Revolution failed? The Taisho jury system (1923--1943)
60
pt. III
Trial by jury in contemporary Japan
89
4.
Japan's postwar discourse and experiences with the trial by jury
91
5.
The dynamics of the mixed jury system (saiban 'in) in contemporary Japan: drafting, content and practice
122
6.
The saiban 'in juror in the criminal court: on becoming a good citizen?
154
Conclusion
186
Appendix: translation of the Jury Law of 1923 by SCAP's Legal Branch, Public Safety Division, Civil Intelligence Section
191
Index
215