Juries In The Japanese Legal System

Author: Dimitri Vanoverbeke
Publisher: Routledge
ISBN: 1317487346
Size: 17.14 MB
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Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.

Developing Eu Japan Relations In A Changing Regional Context

Author: Dimitri Vanoverbeke
Publisher: Routledge
ISBN: 1351664948
Size: 66.41 MB
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Relations between the EU and East Asia have consistently expanded in recent years, particularly between the EU and Japan. Against the background of negotiations on an economic and strategic partnership agreement, the EU–Japan relationship is set to become the single most comprehensive ‘region-to-state’ relationship the world has known today, accounting for more than a third of world GDP and a combined population of more than 600 million people. This book addresses the potential role of the EU, in cooperation with Japan, to craft a stable and prosperous mode of governance in the Asian region. In today’s globalized world seemingly defined by waxing Chinese power and waning American power, the book reflects the lack of appreciation for an EU-Japan concert in maintaining and developing multilateral principles. It aims towards fortifying this relationship by acknowledging that in order to enhance the credibility and capabilities of such an alliance, it is necessary to take stock of where the partnership stands today, what kind of obstacles still need to be overcome and which options have been left untouched. By introducing state-of-the-art empirical research in multiple fields, this book will be of key interest to students and scholars of international relations, comparative regionalism, the European Union and Japanese politics.

Law And Society In Malaysia

Author: Andrew Harding
Publisher: Routledge
ISBN: 1351357654
Size: 52.11 MB
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This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.

Politics And Constitutions In Southeast Asia

Author: Marco Bünte
Publisher: Routledge
ISBN: 1317537661
Size: 58.32 MB
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Law Rights And Ideology In Russia

Author: Bill Bowring
Publisher: Routledge
ISBN: 1134625871
Size: 36.68 MB
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Law, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.

Japan And Civil Jury Trials

Author: Matthew J. Wilson
Publisher: Edward Elgar Publishing
ISBN: 1783479191
Size: 10.25 MB
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With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici

Asia Pacific Judiciaries

Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 1107137721
Size: 13.37 MB
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Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

Eu Japan Relations 1970 2012

Author: Jörn Keck
Publisher: Routledge
ISBN: 1134049986
Size: 44.25 MB
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This book presents a comprehensive overview of EU-Japan relations from 1970 to the present. It charts developments over the period, analyses key specific areas of importance to the relationship, and concludes by assessing how the relationship is likely to develop going forward. Throughout, the book discusses the factors on both sides which motivate the relationship, including Japan’s concern to secure markets for its advanced industrial products, and the factors motivating current negotiations for a deeper and more comprehensive economic and cooperative partnership.

Human Rights In Asia

Author: Randall Peerenboom
Publisher: Routledge
ISBN: 1134238800
Size: 42.55 MB
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Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.

Cyber Nationalism In China

Author: Ying Jiang
Publisher: University of Adelaide Press
ISBN: 0987171895
Size: 55.75 MB
Format: PDF
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"The prevailing consumerism in Chinese cyberspace is a growing element of Chinese culture and an important aspect of this book. Chinese bloggers, who have strongly embraced consumerism and tend to be apathetic about politics, have nonetheless demonstrated political passion over issues such as the Western media's negative coverage of China. In this book, Jiang focuses upon this passion - Chinese bloggers' angry reactions to the Western media's coverage of censorship issues in current China - in order to examine China's current potential for political reform. A central focus of this book, then, is the specific issue of censorship and how to interpret the Chinese characteristics of it as a mechanism currently used to maintain state control." --Back cover.