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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

  • Yamamura, Eiji

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
Date of revision:
Handle: RePEc:pra:mprapa:17197
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  1. 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.
  2. Denise DiPasquale & Edward L. Glaeser, 1998. "Incentives and Social Capital: Are Homeowners Better Citizens?," NBER Working Papers 6363, National Bureau of Economic Research, Inc.
  3. 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.
  4. Ernesto Reuben & Frans van Winden, 2006. "Reciprocity and Emotions when Reciprocators Know each other," CESifo Working Paper Series 1674, CESifo Group Munich.
  5. 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).
  6. repec:dgr:uvatin:20040098 is not listed on IDEAS
  7. Yamamura, Eiji, 2008. "Impact of formal and informal deterrents on driving behavior," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 37(6), pages 2505-2512, December.
  8. 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.
  9. Yamamura, Eiji, 2009. "Formal and informal deterrents of crime in Japan: Roles of police and social capital revisited," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 38(4), pages 611-621, August.
  10. Austan Goolsbee & Peter J. Klenow, 1999. "Evidence on Learning and Network Externalities in the Diffusion of Home Computers," NBER Working Papers 7329, National Bureau of Economic Research, Inc.
  11. repec:oup:qjecon:v:117:y:2002:i:3:p:917-961 is not listed on IDEAS
  12. Eiji Yamamura, 2008. "Diffusion of home computers and social networks: a study using Japanese panel data," Applied Economics Letters, Taylor & Francis Journals, vol. 15(15), pages 1231-1235.
  13. 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.
  14. 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.
  15. 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, 01.
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