Hostname: page-component-77c89778f8-vsgnj Total loading time: 0 Render date: 2024-07-16T18:55:34.390Z Has data issue: false hasContentIssue false

Learning from Precursors, Shaping It from Experiences

Published online by Cambridge University Press:  01 January 2024

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Presidential Address and Commentary
Copyright
© 2017 Law and Society Association.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

Professor, School of Law, Meiji University. My first encounter with jury trial occurred when I watched The Defenders on the Japanese national TV channel in 1962. Then, I watched Twelve Angry Men and was fascinated to see how the American jury worked. I firmly believed that we should have such a wonderful democratic institution in Japan and did not doubt that people who would watch the movie would have the same opinion. Much later when I began to teach at a university, I asked opinions of students on jury trial, after playing the video of Twelve Angry Men in my class. Surprisingly, a majority of them had negative opinions on jury trial, saying that people would behave like the man who wanted to go to a ball game. I explained in vain how jury could deliberate in collective thinking. The students taught me that it would not be easy to bring jury to Japan. But at the same time, because of these very popular TV series and the movie, jury trial has been always “there” to think about as a possible element of criminal justice among post-war generations in Japan.

References

References

Banno, Junji (2014) <Kaikyu> no Nihon Kindaishi: Seijiteki Byodo to Shakaiteki Byodo [Japanese Modern History of <Class>: Political Equality and Social Equality]. Tokyo: Kodansha.Google Scholar
Halliday, Terence C. (1987) Beyond Monopoly: lawyers, State Crises and Professional Empowerment. Chicago, IL: Univ. of Chicago Press.Google Scholar
Japanese Association of Sociology of Law (2001) The Role of the Judiciary in Changing Societies. Kyoto: Japanese Association of Sociology of Law.Google Scholar
Justice System Reform Council (2001) Recommendations of the Justice System Reform Council – For a Justice System to Support Japan in the 21st Century. Available at: http://japan.kantei.go.jp/policy/sihou/singikai/990612_e.html (accessed 13 May 2017).Google Scholar
Levitt, P. and Merry, S. (2009) “Vernacularization on the ground: local uses of global women's rights in Peru, China, India and the United States,” 9 Global Networks 441–61.CrossRefGoogle Scholar
Matsumura, Yoshiyuki, Kinoshita, Manako, & Ota, Shozo (eds.) (2015) Nihonjin kara mita Saiban-In Seido [The Lay Judge System as Seen by the Japanese People]. Tokyo: Keiso Shobo.Google Scholar
Mitani, Taichiro (1980) Kindai Nihon no Shihoken to Seito – Baishinsei Seiritsu no Seijishi [The Judicial Power and Political Parties in Modern Japan – Political History of the Establishment of Jury]Google Scholar
Murayama, Masayuki (2004) “Judicial Reform in Japan: Different Dreams in the Same Bed?” Paper presented at the RCSL annual meeting in San Juan, Puerto Rico, 3 August.Google Scholar
Nihon Keizai Shinbun [Nikkei Newspaper] 2014a, May 21, (2014) Morning Edition, p. 35.Google Scholar
Nihon Keizai Shinbun [Nikkei Newspaper] 2014b, May 19, (2014) Morning Edition, p. 34.Google Scholar
Nihon Keizai Shinbun [Nikkei Newpaper], January 27, (2016) Morning Edition, p. 39.Google Scholar
Saiko, Saibansho (2017a) [Supreme Court], Saiban-In Saiban no Jisshi Jokyo ni tsuite [On Situations of the Implementation of the Saiban-In Seido].Google Scholar
Saiko, Saibansho (2017b) [The Supreme Court], Saiban-In to Keikensha ni taisuru Anketo Chosa Kekka Hokokusho [Report of Findings from Questionnaire to Those Who Served as Lay Judge and Others].Google Scholar
Sterett, Susan (1997) Creating Constitutionalism? Ann Arbor, MI: Univ. of Michigan Press.CrossRefGoogle Scholar
Toshitani, Nobuyoshi (1975) “Sengo Kaikaku to Kokumin no Shiho Sanka - Baishinsei/Sanshinsei wo Chushin toshite - [The Post-War Reform and People's Participation in the Judiciary - Focusing on Jury/Assessor Systems -],” in Tokyo Daigaku Shakaikagaku Kenkyujo [Institute of Social Sciences, the University of Tokyo] (ed.), Sengo Kaikaku 4 Shiho Kaikaku [The Post-War Reform 4 Judicial Reform]. Tokyo: The University of Tokyo Press. 77172.Google Scholar

Cases Cited

Saibansho, Saiko [Sup. Ct.] October 21, (2013) Hei 24 (a) no. 724, 67 Saiko Saibansho Keiji Hanreishu [Keishu] 755, 764 (Japan).Google Scholar
Saibansho, Saiko [Sup. Ct.] July 24, (2014) Hei 25 (a) no. 689, 68 Saiko Saibansho Keiji Hanreishu [Keishu] 925, 933 (Japan).Google Scholar
Saibansho, Saiko [Sup. Ct.] February 3, (2015) Hei 25 (a) no. 1127, 69 Saiko Saibansho Keiji Hanreishu [Keishu] 1, 12 (Japan).Google Scholar