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Zusatztext "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 Informationen zum Autor 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. Zusammenfassung 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. Inhaltsverzeichnis Chapter 1. IntroductionLegal Change: Contending ExplanationsPlan of the BookChapter 2: The Pre-war History of the Concept of Trial by Jury in JapanHistorial Background: The Developments in the Japanese Legal System in the Meiji PeriodThe Introduction of the Concept of Jury Service to JapanThe Bureaucratic Jury (Sanza) SystemThe Meiji Constitution: The Public DebateBoissonade's Proposal: Provisions Concerning the Jury in the Draft of the Code of Criminal InstructionEvaluating the First Attempts to Introduce Trial by Jury in Meiji Period JapanConclusionsChapter 3. The Pre-war Jury SystemHistorical Background: The Developments in the Legal System in the Late Meiji! Taisho! and Early Showa PeriodsDrafting and ImplementationThe Jury Act: A SummaryPromotion Efforts and ImplementationThe Japanese Jury in ActionAmendments and SuspensionEvaluating Japan's Pre-war Experience with Jury TrialsConclusionsChapter 4. Attempts to Introduce the Jury System in Japan's Colonial PossessionsHistorical Background: Japan and Its ColoniesTaiwan: Attempts to Introduce the Jury System in the Japanese Colonial PeriodKarafuto: The Jury System on the Island during the Japanese Colonial PeriodThe Jury System in Colonial Japan: The Colonized Peoples in Japanese Jury CourtsEvaluating the Attempts to Introduce the Jury System in Taiwan and KarafutoConclusionsChapter 5. The Occupation Years: Attempts to Introduce the Jury SystemHistorical Background: The Developments in the Legal System in the Immediate Post-War PeriodThe Proposals to Introduce the Jury System in Mainland Japan under the Allied OccupationThe Jury System in Okinawa under the U.S. OccupationEvaluating Japan's and Okinawa's Experiences with Jury Trials under the OccupationConclusionsChapter 6. The Mixed-Court Jury (Saiban'in) System in Contemporary JapanHistorical Background: The Developments in the Legal System in the Post-Occupation PeriodThe Background to the Adoption of the Lay Judge ActDrafting and EnactmentThe Lay Judge Act: A SummaryPreparation for EnforcementPublic DebateImplementation and the First Lay Judge CaseThe First Six Years of the Functioning of the System...
