What Discourages Participation in the Lay Judge System (Saiban’in Seido) of Japan? Interaction between the Secrecy Requirement and Social Networks
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.
|Date of creation:||21 Mar 2010|
|Date of revision:|
|Contact details of provider:|| Postal: Ludwigstraße 33, D-80539 Munich, Germany|
Web page: https://mpra.ub.uni-muenchen.de
More information through EDIRC
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- 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.
- 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.
- Hilber, Christian A. L., 2007.
"New Housing Supply and the Dilution of Social Capital,"
5134, University Library of Munich, Germany.
- 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.
- Christian A. L. Hilber, 2007. "New housing supply and the dilution of social capital," LSE Research Online Documents on Economics 3573, London School of Economics and Political Science, LSE Library.
- Hilber, Christian A. L., 2007. "New Housing Supply and the Dilution of Social Capital," MPRA Paper 11620, University Library of Munich, Germany, revised 14 Nov 2008.
- Christian A. L. Hilber, 2010. "New Housing Supply and the Dilution of Social Capital," SERC Discussion Papers 0042, Spatial Economics Research Centre, LSE.
- Denise DiPasquale & Edward L. Glaeser, 1998.
"Incentives and Social Capital: Are Homeowners Better Citizens?,"
NBER Working Papers
6363, National Bureau of Economic Research, Inc.
- 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.
- Denice DiPasquale & Edward L. Glaeser, 1997. "Incentives and Social Capital: Are Homeowners Better Citizens?," Harvard Institute of Economic Research Working Papers 1815, Harvard - Institute of Economic Research.
- 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.
- 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.
- Stefan Voigt, 2008.
"The (Economic) Effects of Lay Participation in Courts – A Cross-Country Analysis,"
CESifo Working Paper Series
2365, CESifo Group Munich.
- 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).
- Ernesto Reuben & Frans van Winden, 2006.
"Reciprocity and Emotions when Reciprocators Know each other,"
CESifo Working Paper Series
1674, CESifo Group Munich.
- 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.
- Ernesto Reuben & Frans van Winden, 2004. "Reciprocity and Emotions when Reciprocators know each other," Tinbergen Institute Discussion Papers 04-098/1, Tinbergen Institute.
- Ernesto Reuben & Frans van Winden, . "Social Ties and Coordination on Negative Reciprocity: The Role of Affect," Discussion Papers 06-08, University of Copenhagen. Department of Economics.
- 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.
- 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.
- Lena Edlund & Rohini Pande, 2002. "Why Have Women Become Left-Wing? The Political Gender Gap and the Decline in Marriage," The Quarterly Journal of Economics, Oxford University Press, vol. 117(3), pages 917-961.
- Goolsbee, Austan & Klenow, Peter J, 2002.
"Evidence on Learning and Network Externalities in the Diffusion of Home Computers,"
Journal of Law and Economics,
University of Chicago Press, vol. 45(2), pages 317-43, October.
- 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.
- 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.
- repec:dgr:uvatin:20040098 is not listed on IDEAS
- Tom Ginsburg & Glenn Hoetker, 2006. "The Unreluctant Litigant? An Empirical Analysis of Japanâ€™s Turn to Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 31-59, 01.
When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:21534. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Joachim Winter)
If references are entirely missing, you can add them using this form.