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What discourages participation in the lay judge system (Saiban'in seido) of Japan? : an interaction effect between the secrecy requirement and social network

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  • Yamamura, Eiji

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 about the lay judge 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.

Suggested Citation

  • Yamamura, Eiji, 2009. "What discourages participation in the lay judge system (Saiban'in seido) of Japan? : an interaction effect between the secrecy requirement and social network," MPRA Paper 15920, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:15920
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    File URL: https://mpra.ub.uni-muenchen.de/15920/1/MPRA_paper_15920.pdf
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    References listed on IDEAS

    as
    1. Hilber, Christian A.L., 2010. "New housing supply and the dilution of social capital," Journal of Urban Economics, Elsevier, vol. 67(3), pages 419-437, May.
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    5. Yamamura Eiji, 2008. "The Market for Lawyers and Social Capital: Are Informal Rules a Substitute for Formal Ones?," Review of Law & Economics, De Gruyter, vol. 4(1), pages 499-517, December.
    6. 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 912-950, October.
    7. Tom Ginsburg & Glenn Hoetker, 2006. "The Unreluctant Litigant? An Empirical Analysis of Japan’s Turn to Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 31-59, January.
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    More about this item

    Keywords

    Lay judge; Social network; Participation;

    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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