The Japanese Adversary System In Context
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The Japanese Adversary System In Context
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Author : M. Feeley
language : en
Publisher: Palgrave Macmillan
Release Date : 2002-07-16
The Japanese Adversary System In Context written by M. Feeley and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-07-16 with Law categories.
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.
Law In Japan
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Author : Daniel H. Foote
language : en
Publisher: University of Washington Press
Release Date : 2011-10-17
Law In Japan written by Daniel H. Foote and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-17 with Social Science categories.
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.
Evidence In Context
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Author : Jonathan Doak
language : en
Publisher: Routledge
Release Date : 2015-06-05
Evidence In Context written by Jonathan Doak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-05 with Law categories.
Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the?continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important. Features include: Key learning points to summarise the major principles of evidence law Practical examples to help students understand how the rules are applied in practice Self-test questions to encourage students to reflect on what they have learned A supporting companion website including answers to self-test questions Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.
Evidence Law And Context
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Author : Jonathan Doak
language : en
Publisher: Routledge
Release Date : 2018-02-19
Evidence Law And Context written by Jonathan Doak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-19 with Law categories.
Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses covering both criminal evidence and civil evidence. It takes a contextual approach discussing how wider policy debates and societal trends have impacted upon the recent evolution of the law in order to provide students with an explanation as to how and why the law has developed. The fifth edition has been revised to include: coverage of R v Hunter 2015 and its impact on good character evidence; developments in procedures relating to young and vulnerable witnesses; and more in-depth coverage of key cases. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.
Lay And Expert Contributions To Japanese Criminal Justice
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Author : Erik Herber
language : en
Publisher: Routledge
Release Date : 2019-02-18
Lay And Expert Contributions To Japanese Criminal Justice written by Erik Herber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-18 with Law categories.
This book examines the little or not previously researched roles and contributions of non-legal professionals in Japanese criminal justice against the background of recent social and legal changes that either gave birth to or affected the roles played by these "outsiders". On the basis of a wealth of primary and secondary sources, including meeting records of policy makers and practitioners, surveys, interviews and court verdicts, the book zooms in on forensic psychiatrists’ role in the disappearance of criminally insane defendants from Japanese criminal courts; social workers’ new role in diverting a growing number of elderly, mentally disturbed repeat offenders from prison; the therapeutic dimension added to Japanese criminal justice proceedings with the introduction of a system of victim participation as well as the increasingly important role of forensic scientists’ contributions, notably DNA evidence, in Japanese courts. Finally, it examines lay judges’ contributions to sentencing practices as well as how these lay judges make sense of the other outsiders’ contributions. On the basis of very recent social and legal developments the book provides an original contribution to understandings of Japanese criminal justice, as well as more general socio-legal debates on the role of extra-legal knowledge in criminal justice. The book will be of value within BA and MA level courses on and to students and researchers of Japanese law and society as well as comparative criminal justice and socio-legal theory.
The Development Of Jury Service In Japan
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Author : Anna Dobrovolskaia
language : en
Publisher: Routledge
Release Date : 2016-08-19
The Development Of Jury Service In Japan written by Anna Dobrovolskaia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-19 with Law categories.
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.
Expert Evidence And International Criminal Justice
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Author : Artur Appazov
language : en
Publisher: Springer
Release Date : 2016-01-09
Expert Evidence And International Criminal Justice written by Artur Appazov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-09 with Law categories.
The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
Japan S Prosecution Review Commission
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Author : David T. Johnson
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Japan S Prosecution Review Commission written by David T. Johnson and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Social Science categories.
This book explains Japan’s unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country’s 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.
The Japanese Way Of Justice
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Author : David Ted Johnson
language : en
Publisher: Oxford University Press on Demand
Release Date : 2002
The Japanese Way Of Justice written by David Ted Johnson and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
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."--BOOK JACKET.
Fighting For Political Freedom
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Author : Terence C. Halliday
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-20
Fighting For Political Freedom written by Terence C. Halliday and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-20 with Law categories.
Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.