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.