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最終更新日：2025年4月21日
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最終更新日：2025年4月21日
授業計画や教室は変更となる可能性があるため、必ずUTASで最新の情報を確認して下さい。
UTASにアクセスできない方は、担当教員または部局教務へお問い合わせ下さい。
Law bottom-up: legal consciousness in Europe and Japan
Trial by Jury: Past and Present
(Why Japan's Criminal Justice System Resists Change)
It has been almost a century since Japan's first trial by jury system (Baishin-seido 1928) was introduced. More than fifteen years have passed since the introduction of Japan's second trial by jury system (Saiban'in-seido 2009). Both of Japan's trial by jury systems were significant but controversial reforms aimed at incorporating citizen participation in criminal trials in order to improve the functioning of the judiciary and overcome its failures to strengthen the rule of law. This seminar will critically examine why these systems were introduced, what functions these systems actually fulfil and how they operate in reality. Adopting a multidisciplinary approach inherent to law and society studies, we will explore the historical, comparative, political and sociological dimensions of Japan’s trial by jury systems, with a particular focus on Japan's unique trajectory.
The seminar will begin by tracing the historical development of jury trials in Japan, from early experiments in the late 19th century, through their pre-war implementation (1928-1943), to their post-war revival under US rule in Okinawa (1945-1972). Through this historical lens, we will contextualise Japan's modern Saiban'in system within broader global trends and compare it with jury systems in other jurisdictions. Our discussions will also incorporate contemporary issues, such as political discourses surrounding citizen participation and trends in statistical data, to provide a basis for understanding jury trials both quantitatively and qualitatively.
The jury is often hailed as a symbol of democracy and fairness, but it is also criticised for being biased, unpredictable, and unqualified. To assess these claims, we will analyse a range of primary materials - including court decisions, legislative texts, political speeches, and personal accounts - alongside secondary academic readings. Methodological introductions at the beginning of each class will equip students with sociological tools, such as legal consciousness studies and comparative analysis, to critically engage with these materials. In addition, students will conduct interviews with individuals who have participated in jury trials, fostering first-hand insights into the practical realities of citizen participation in legal decision-making.
The course will also include guest speakers from a range of legal backgrounds, such as practising lawyers, judges, and NGO representatives, who will provide practical perspectives on the role of the jury in contemporary society. Through our discussions, students will grapple with pressing questions: How do collective social narratives shape perceptions of justice? Why does Japan's criminal justice system resist deeper structural change? How does the interplay between institutional frameworks and cultural values influence jury systems?
By the end of the course, students will have developed a nuanced understanding of the jury as a dynamic yet controversial institution. They will be able to analyse the challenges facing the jury in contemporary society, understand the legal rules governing jury trials, and engage with key social science research on jury systems. In addition, students will apply social science theory, research, and methodology to address complex issues surrounding the jury, equipping them with the tools to critically assess its potential and limitations in Japan and beyond.
The seminar will begin by tracing the historical development of jury trials in Japan, from early experiments in the late 19th century, through their pre-war implementation (1928-1943), to their post-war revival under US rule in Okinawa (1945-1972). Through this historical lens, we will contextualise Japan's modern Saiban'in system within broader global trends and compare it with jury systems in other jurisdictions. Our discussions will also incorporate contemporary issues, such as political discourses surrounding citizen participation and trends in statistical data, to provide a basis for understanding jury trials both quantitatively and qualitatively.
The jury is often hailed as a symbol of democracy and fairness, but it is also criticised for being biased, unpredictable, and unqualified. To assess these claims, we will analyse a range of primary materials - including court decisions, legislative texts, political speeches, and personal accounts - alongside secondary academic readings. Methodological introductions at the beginning of each class will equip students with sociological tools, such as legal consciousness studies and comparative analysis, to critically engage with these materials. In addition, students will conduct interviews with individuals who have participated in jury trials, fostering first-hand insights into the practical realities of citizen participation in legal decision-making.
The course will also include guest speakers from a range of legal backgrounds, such as practising lawyers, judges, and NGO representatives, who will provide practical perspectives on the role of the jury in contemporary society. Through our discussions, students will grapple with pressing questions: How do collective social narratives shape perceptions of justice? Why does Japan's criminal justice system resist deeper structural change? How does the interplay between institutional frameworks and cultural values influence jury systems?
By the end of the course, students will have developed a nuanced understanding of the jury as a dynamic yet controversial institution. They will be able to analyse the challenges facing the jury in contemporary society, understand the legal rules governing jury trials, and engage with key social science research on jury systems. In addition, students will apply social science theory, research, and methodology to address complex issues surrounding the jury, equipping them with the tools to critically assess its potential and limitations in Japan and beyond.
時間割／共通科目コード
コース名
教員
学期
時限
25-303-163
GLP-LP6216S2
Law bottom-up: legal consciousness in Europe and Japan
Dimitri Vanoverbeke
火曜4限
マイリストに追加
マイリストから削除
講義使用言語
英語、日本語/英語
単位
2
実務経験のある教員による授業科目
NO
他学部履修
可
開講所属
法学政治学研究科
授業計画
Session 1: Introduction: The trial by jury in increasingly complex societies - why not leave criminal trials to the professionals?
This session introduces the core theme of the seminar, exploring the tension between professional expertise and citizen participation in criminal trials. We will discuss the role of the jury in modern societies and the reasons for its controversial status.
Session 2: The Function of the Jury in Taisho-Era Japan: A missed opportunity?
An examination of the historical introduction and eventual abandonment of trial by jury in Taisho and early Showa Japan, assessing the social and political factors that limited its impact.
Session 3: The Function of Jury Trials in Okinawa: A Unique Window on Democracy in the Courts
Focusing on post-war Okinawa under US administration, we will analyse how jury trials were implemented and their impact on democratic values in a culturally distinct and politically transitional context.
Session 4: Images of the Jury and Criminal Courts in Popular Culture: Twelve Angry Men vs. Twelve Gentle Japanese.
This session explores how popular media shapes perceptions of juries and criminal justice, comparing iconic representations from the US and Japan.
Session 5: Normative vs. Empirical Approaches to Jury Trials: A Closer Look at Japan's Jury Laws
We will examine the legal framework of Japan's Baishin and Saiban'in system, contrasting normative arguments for jury trials with empirical evidence on their operation and effectiveness.
Session 6: Analysing Specific Cases of Jury Trials in Taisho and Reiwa Japan
A case study approach to understanding the evolution of jury trials, highlighting continuities and changes from Taisho-era jury practices to the contemporary Saiban'in system.
Session 7: Jurors in Taisho and Reiwa Japan: Differences and Similarities
A comparative analysis of jurors' experiences and roles in different historical periods in Japan, focusing on both institutional frameworks and individual perspectives.
Session 8: Attitudes to Jury Systems in Japan: Legal Consciousness Across Epochs
This session explores how social attitudes and collective narratives about the jury system have shaped and been shaped by legal, social, political and cultural contexts.
Session 9: Discussing your interviews with jurors
Students will present and discuss findings from their juror interviews, providing qualitative insights into the lived experience of citizen participation in the courtroom.
Session 10: Trial by Jury Worldwide: Comparative Perspectives on the Saiban'in System
A global comparison of trial by jury systems, with a particular focus on the unique features, strengths and limitations of Japan's Saiban'in system in a broader context.
Session 11: Guest Speaker: In favour of trial by jury
A practicing lawyer or academic will share their perspective on the merits of trial by jury, followed by an open discussion on the challenges and opportunities for the system in Japan and beyond.
Session 12: Guest Speaker: Against trial by jury
This session will feature a speaker who critiques the jury system, presenting arguments against its use and exploring its potential shortcomings. This will be followed by an open discussion to critically evaluate these perspectives.
Session 13: The Baishin and Saiban’in systems and limits of criminal justice reform
This session explores why criminal justice reforms, including the introduction of the Baishin and Saiban'in system, often fail to achieve their intended goals, focusing on institutional and cultural resistance to change.
授業の方法
The course will be delivered with an emphasis on interactive teaching, emphasising active dialogue between the lecturer and students. In addition, the seminar will focus on exercises, student presentations and discussions, encouraging critical thinking, analytical skills and a deeper understanding of the subject through active engagement.
成績評価方法
No written exam
Class participation (50%)
Report (50%)
Grading: A+・A・B・C・F
教科書
none
参考書
Dimitri Vanoverbeke, Juries in the Japanese Legal System: The continuing struggle for citizen participation and democracy. (Routledge, Asian Law Series) 2015.
and
Selected readings
履修上の注意
Students enrolled in this seminar are expected to actively participate in constructive and thoughtful discussions. A proactive approach is essential as the exchange of ideas and perspectives is the foundation of our learning environment. Your participation will not only enrich your own understanding, but also contribute to the collective growth of the class.
Readings will be in English and Japanese. The language used by guest speakers will be English or Japanese, but class discussions will be in English.
