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Full-Text Articles in Comparative and Foreign Law
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Articles
In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …
Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray
Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray
Reviews
Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …