| Preface |
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viii | |
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xi | |
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xii | |
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1 | (19) |
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Legal change: contending explanations |
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9 | (9) |
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18 | (2) |
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2 The pre-war history of the concept of trial by jury in Japan |
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20 | (35) |
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Historical background: the developments in the Japanese legal system in the Meiji period |
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20 | (6) |
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The introduction of the concept of jury service to Japan |
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26 | (7) |
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The bureaucratic jury (sanza) system |
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33 | (11) |
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The Meiji Constitution: the public debate |
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44 | (2) |
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Boissonade's Proposal: Provisions Concerning the Jury in the Draft of the Code of Criminal Instruction |
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46 | (4) |
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Evaluating the first attempts to introduce trial by jury in Meiji-period Japan |
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50 | (4) |
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54 | (1) |
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3 The pre-war jury system |
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55 | (42) |
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Historical background: the developments in the legal system in the late Meiji, Taisho, and early Showa periods |
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55 | (3) |
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The background to the drafting of the Jury Act |
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58 | (8) |
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Drafting and implementation |
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66 | (7) |
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73 | (3) |
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Promotion efforts and implementation |
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76 | (9) |
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The Japanese jury in action |
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85 | (5) |
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Amendments and suspension |
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90 | (3) |
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Evaluating Japan's pre-war experience with jury trials |
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93 | (3) |
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96 | (1) |
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4 Attempts to introduce the jury system in Japan's colonial possessions |
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97 | (32) |
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Historical background: Japan and its colonies |
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97 | (3) |
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Taiwan: attempts to introduce the jury system in the Japanese colonial period |
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100 | (14) |
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Karafuto: the jury system on the island during the Japanese colonial period |
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114 | (7) |
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The jury system in colonial Japan: the colonized peoples in Japanese jury courts |
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121 | (4) |
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Evaluating the attempts to introduce the jury system in Taiwan and Karafuto |
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125 | (2) |
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127 | (2) |
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5 The occupation years: Attempts to introduce the jury system |
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129 | (38) |
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Historical background: the developments in the legal system in the immediate post-war period |
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129 | (3) |
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The proposals to introduce the jury system in mainland Japan under the Allied occupation |
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132 | (19) |
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The jury system in Okinawa under the U.S. occupation |
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151 | (10) |
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Evaluating Japan's and Okinawa's experiences with jury trials under the occupation |
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161 | (4) |
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165 | (2) |
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6 The Mixed-Court Jury (Saibanin) system in contemporary Japan |
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167 | (47) |
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Historical background: the developments in the legal system in the post-occupation period |
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167 | (9) |
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The background to the adoption of the Lay Judge Act |
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176 | (7) |
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183 | (5) |
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The Lay Judge Act: a summary |
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188 | (3) |
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Preparation for enforcement |
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191 | (5) |
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196 | (7) |
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Implementation and the first lay judge case |
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203 | (2) |
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The first six years of the functioning of the system |
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205 | (3) |
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Evaluating Japan's New Lay Judge (Saibanin) System |
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208 | (4) |
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212 | (2) |
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214 | (13) |
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Why was the jury system introduced (or not introduced) at different times in Japan's history? |
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214 | (5) |
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What were the determinants of success and failure of Japan's past experiences with the jury system and how does the lay Judge (Saibanin) System Fare With Regard to These Parameters? |
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219 | (3) |
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A Summary of Findings: Revisiting the two Approaches to Analyzing Legal Change |
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222 | (5) |
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227 | (32) |
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259 | (20) |
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I Translated documents: the Horitsu Shinbun articles |
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259 | (11) |
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(1) 1928, "Oita District Court: the first jury verdict", Horitsu Shinbun, November 3, p. 17 |
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259 | (2) |
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(2) 1928, "Tokyo's first jury trial: detective intrigue overflowing", Horitsu Shinbun, December 30, p. 20 |
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261 | (8) |
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(3) 1928, "The accused members of the Communist Party to request trial by jury", Horitsu Shinbun, December 28, p. 19 |
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269 | (1) |
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(4) 1930, "Violation of the Jury Act", Horitsu Shinbun, March 13, p. 18 |
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269 | (1) |
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270 | (9) |
| Index |
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279 | |