内容

目次

Chapter 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 Index