Controversies and Comparisons
Author: M. Feeley,S. Miyazawa
Publisher: Palgrave Macmillan
The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defence counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.
A Turning Point
Author: Daniel H. Foote
Publisher: University of Washington Press
Category: Social Science
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
Author: Jacqueline E. Ross,Stephen C. Thaman
Publisher: Edward Elgar Publishing
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
A square block in a round hole?
Author: Anna Dobrovolskaia
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.
Author: Harry Dammer,Jay Albanese
Publisher: Cengage Learning
Category: Social Science
Bestselling COMPARATIVE CRIMINAL JUSTICE SYSTEMS, 4/e delivers a comprehensive--and intriguing--analysis comparing the various criminal justice systems throughout the world. Thoroughly revised and up to date, the Fourth Edition reflects the latest trends, issues, and information on international criminal justice, transnational organized crime and corruption, terrorism, and international juvenile justice. This proven text’s unique topical approach examines important aspects of each type of justice system--common law, civil law, socialist law, and sacred (Islamic) law--which gives students a more solid understanding of the similarities and differences of each system. The authors use six model countries--China, England, France, Germany, Japan, Saudi Arabia--to illustrate the different types of law and justice systems in the context of specific countries, as well as the historical, political, economic, social, and cultural influences on each system. The book is packed with relevant examples, emphasizes critical thinking skills throughout, and includes an assortment of innovative learning tools to maximize student success. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Prosecuting Crime in Japan
Author: David T. Johnson
Publisher: Oxford University Press
Category: Social Science
Criminal proceedings in which people can lose life, liberty, or reputation tell us a great deal about the character of any society. In Japan, it is prosecutors who wield the greatest control over these values and who therefore reveal most clearly the character of the Japanese way of justice. In this book, David T. Johnson portrays Japanese prosecutors at work; the social, political, and legal contexts that enable and constrain their actions; and the content of the justice thereby delivered. Johnson is the first researcher, Japanese or foreign, to gain access to the frontline prosecutors who charge cases and the backstage prosecutors who manage and direct them. He shows that prosecutors in Japan frequently harmonize to imperlatives of justice that Americans often regard as irreconcilable: the need to individualize cases alike. However, their capacity to correct offenders and to obtain contrite, complete confessions from criminal suspects. Johnson argues that this extreme reliance on confessions occasionally leads to extreme efforts to extract them. Indeed, much of the most disturbing prosecutor behavior springs directly or indirectly from the system's inordinate dependence on admissions of guilt. The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments. Clearly written and skillfully argued, this comparative analysis will be of interest to students of Japan, criminology, and law and society. It illuminates unexplored realms in Japan's criminal justice system while challenging readers to examine their assumptions about how crime should be prosecuted in their own systems of criminal justice.
Essays in Honour of Professor Mirjan Damaška
Author: John D. Jackson,Maximo Langer,Peter Tillers
Publisher: Hart Pub Limited
This book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaska 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaska's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.
The Emerging Legal Profession in East Asia
Author: William P. Alford,Geraldine Chin,Laura A. Cecere,Emma Johnson
Publisher: Harvard University Press
Over the past two decades, China, Japan, Korea, Malaysia and Indonesia have been engaged in unprecedented efforts to re-cast and rapidly expand the legal profession--with profound implications not only for law, but also for politics, interna-tional relations, and society itself. Raising the Bar is the first book-length study in English of this phenomenon. It examines a broad range of topics, including changes underway in the profession's size and composition, its evolving relationship to state authority, the outlet it may be providing for historically disadvantaged sectors of society, and its impact on economic and political development. The book also explores the impli-cations of these findings for broader theoretical work about both the legal profession and globalization. Contributors in-clude William Alford, Yves Dezalay, Bryant Garth, Ryo Ha-mano, JaeWon Kim, Toshimitsu Kitagawa, Daniel Lev, Ben-jamin Liebman, Setsuo Miyazawa, Luke Nottage, Sang-Hyun Song, and Jane Kaufman Winn.
A Global Perspective
Author: Joseph B. Kuhns,Johannes Knutsson
Publisher: Praeger Publishers
A team of expert contributors provides an in-depth exploration of police use of force, firearms, and less-than-lethal weapons from a dozen countries across five continents.
African Americans, the labor movement, and the decline of the Democratic party
Author: Paul Frymer
Publisher: Princeton Univ Pr
Category: Business & Economics
In the 1930s, fewer than one in one hundred U.S. labor union members were African American. By 1980, the figure was more than one in five. Black and Blue explores the politics and history that led to this dramatic integration of organized labor. In the process, the book tells a broader story about how the Democratic Party unintentionally sowed the seeds of labor's decline. The labor and civil rights movements are the cornerstones of the Democratic Party, but for much of the twentieth century these movements worked independently of one another. Paul Frymer argues that as Democrats passed separate legislation to promote labor rights and racial equality they split the issues of class and race into two sets of institutions, neither of which had enough authority to integrate the labor movement. From this division, the courts became the leading enforcers of workplace civil rights, threatening unions with bankruptcy if they resisted integration. The courts' previously unappreciated power, however, was also a problem: in diversifying unions, judges and lawyers enfeebled them financially, thus democratizing through destruction. Sharply delineating the double-edged sword of state and legal power, Black and Blue chronicles an achievement that was as problematic as it was remarkable, and that demonstrates the deficiencies of race- and class-based understandings of labor, equality, and power in America.
Author: Gerald Paul McAlinn
Since the 'lost decade' of the nineties, the progress of Japanese administrative and economic reform has been intense. Although some early critics characterized the reforms as 'window dressing,' it is becoming clearer that systemic reform has taken hold and the new Japanese economy is picking up. This deeply knowledgeable book provides a penetrating analysis and expert evaluation of matters of crucial concern to business lawyers including corporate governance, contract law, business liabilities, intellectual property, media, employment, taxation, investment, the legal profession, the judiciary, and much more as they are developing and intersecting in Japan today. In the course of the detailed presentation, the contributors touch on such details of interest to those doing business in Japan as the following: status of foreign lawyers; mergers and acquisitions and leveraged buyouts; grounds for terminating contracts; real estate transactions; antimonopoly law and licensing guidelines; IT and e-commerce law; managing, disciplining, and terminating employees; occupational safety and health; labor union law; corporation income taxation; government programs offering low cost finance; consumer protection laws; and litigation and alternative dispute resolution. One of the most valuable benefits of the contributors' approach is the keen insight offered into the tatemae (outward appearance) well known to frustrate and mislead foreigners in almost any dealings with the Japanese.
Author: R.R. Bowker Company
Category: American literature
Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.
Apologies in International Politics
Author: Jennifer Lind
Publisher: Cornell University Press
Governments increasingly offer or demand apologies for past human rights abuses, and it is widely believed that such expressions of contrition are necessary to promote reconciliation between former adversaries. The post-World War II experiences of Japan and Germany suggest that international apologies have powerful healing effects when they are offered, and poisonous effects when withheld. West Germany made extensive efforts to atone for wartime crimes-formal apologies, monuments to victims of the Nazis, and candid history textbooks; Bonn successfully reconciled with its wartime enemies. By contrast, Tokyo has made few and unsatisfying apologies and approves school textbooks that whitewash wartime atrocities. Japanese leaders worship at the Yasukuni Shrine, which honors war criminals among Japan's war dead. Relations between Japan and its neighbors remain tense. Examining the cases of South Korean relations with Japan and of French relations with Germany, Jennifer Lind demonstrates that denials of past atrocities fuel distrust and inhibit international reconciliation. In Sorry States, she argues that a country's acknowledgment of past misdeeds is essential for promoting trust and reconciliation after war. However, Lind challenges the conventional wisdom by showing that many countries have been able to reconcile without much in the way of apologies or reparations. Contrition can be highly controversial and is likely to cause a domestic backlash that alarms—rather than assuages—outside observers. Apologies and other such polarizing gestures are thus unlikely to soothe relations after conflict, Lind finds, and remembrance that is less accusatory-conducted bilaterally or in multilateral settings-holds the most promise for international reconciliation.