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What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks

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Yamamura, Eiji

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Abstract

The lay judge system, a quasi-jury system, was introduced in Japan from May 2009. This paper attempts to analyze Japanese people’s attitude towards this system by examining whether they show a willingness to serve as a lay judge. The major findings from regression analysis are: (1) In general, people with a spouse inclined to adopt a negative attitude about serving as a lay judge. This tendency is, however, not observed in large cities. (2) Long-time residents and homeowners are more likely to have a negative attitude about serving as a lay judge. These results show that a tightly knitted interpersonal social network discourages people from serving as a lay judge. Because of the life time secrecy obligation and the penalty provisions for those who break this obligation, people with closer interpersonal ties are under greater pressure and strains, leading to larger psychological cost. The obligation and its penalty should be eased to improve people’s attitudes about serving as a lay judge.

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Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 17197.

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Date of creation: 08 Sep 2009
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Handle: RePEc:pra:mprapa:17197

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Related research
Keywords: Lay judge system; Social network; Secrecy requirement;

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Find related papers by JEL classification:
K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
I28 - Health, Education, and Welfare - - Education - - - Government Policy

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  1. Eiji Yamamura, 2008. "The Market for Lawyers and Social Capital: Are Informal Rules a Substitute for Formal Ones?," Review of Law & Economics, Berkeley Electronic Press, vol. 4(1). [Downloadable!]
  2. Yamamura, Eiji, 2009. "Formal and informal deterrents of crime in Japan: Roles of police and social capital revisited," The Journal of Socio-Economics, Elsevier, vol. 38(4), pages 611-621, August. [Downloadable!] (restricted)
  3. Reuben, Ernesto & van Winden, Frans, 2008. "Social ties and coordination on negative reciprocity: The role of affect," Journal of Public Economics, Elsevier, vol. 92(1-2), pages 34-53, February. [Downloadable!] (restricted)
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  4. Stefan Voigt, 2008. "The (Economic) Effects of Lay Participation in Courts - A Cross-Country Analysis," MAGKS Papers on Economics 200820, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung). [Downloadable!]
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  5. Tomio Kinoshita, 2002. "A Cost-Benefit Analysis Of Enlarging The Japanese Judicial System," Contemporary Economic Policy, Western Economic Association International, vol. 20(2), pages 179-192, 04. [Downloadable!] (restricted)
  6. Hilber, Christian A. L., 2007. "New Housing Supply and the Dilution of Social Capital," MPRA Paper 5134, University Library of Munich, Germany. [Downloadable!]
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  7. Goolsbee, Austan & Klenow, Peter J, 2002. "Evidence on Learning and Network Externalities in the Diffusion of Home Computers," Journal of Law & Economics, University of Chicago Press, vol. 45(2), pages 317-43, October.
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  8. Eiji Yamamura, 2008. "Diffusion of home computers and social networks: a study using Japanese panel data," Applied Economics Letters, Taylor and Francis Journals, vol. 15(15), pages 1231-1235. [Downloadable!] (restricted)
  9. DiPasquale, Denise & Glaeser, Edward L., 1999. "Incentives and Social Capital: Are Homeowners Better Citizens?," Journal of Urban Economics, Elsevier, vol. 45(2), pages 354-384, March. [Downloadable!] (restricted)
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  10. Yamamura, Eiji, 2008. "Impact of formal and informal deterrents on driving behavior," The Journal of Socio-Economics, Elsevier, vol. 37(6), pages 2505-2512, December. [Downloadable!] (restricted)
  11. Avner Greif, 2002. "Institutions and Impersonal Exchange: From Communal to Individual Responsibility," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 158(1), pages 168-, March.
  12. Greif, Avner, 1994. "Cultural Beliefs and the Organization of Society: A Historical and Theoretical Reflection on Collectivist and Individualist Societies," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 912-50, October. [Downloadable!] (restricted)
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