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The Introduction to the Sociology of Law of Judicial Process
Shin Oikawa
1990Volume 1990Issue 42 Pages
2-7,268
Published: April 30, 1990
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In order to promote the sociology of law of judicial process, we try to studx the present condition of judicial process and its problem. The writer, as the one of six joint researchers, introduces the study as follows:
(1) Preface-Legal Consciousness, Rights, and Judicial Process
(2) The Sociology of Law of Judicial Process
(3) The Symposium on the Study of Judicial Process
(4) The Introduction to the Symposium of 1989
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Toyoji Saito
1990Volume 1990Issue 42 Pages
8-20
Published: April 30, 1990
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Shozo Inui
1990Volume 1990Issue 42 Pages
21-26
Published: April 30, 1990
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Tsunetoshi Yamamura
1990Volume 1990Issue 42 Pages
27-40,268
Published: April 30, 1990
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1. Point of view.
2. Character of controversy on administrative litigation.
3. Actual condition on actualization of the right and the freedom in administrative litigation.
4. Analysis on judg's decisionmaking.
5. Judicial Environment do'nt catch up with socialrealities.
6. Settlement on out of litigation of administrative dispute.
7. Assessment of obstructive factor of actualization of the right and the freedom in administrative litigation.
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Yoshiaki Toyokawa
1990Volume 1990Issue 42 Pages
41-54,267
Published: April 30, 1990
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1. Labour disputes and the labour process
2. The characteristic of the labour process and its scope
3. Recent judgements of the labour courts
4. The real situation of the judges and the courts, Some suggestions for the further research
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Setsuo Miyazawa
1990Volume 1990Issue 42 Pages
55-62
Published: April 30, 1990
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[in Japanese], [in Japanese], [in Japanese], [in Japanese], [in Japane ...
1990Volume 1990Issue 42 Pages
63-100
Published: April 30, 1990
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A Theoretical Overview
Toru Otsu
1990Volume 1990Issue 42 Pages
101-105,267
Published: April 30, 1990
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Eugen Ehrlich's idea of "the living law" has been so in fluential that many of legal sociologists in Japan look upon the sociology of law as the study of it. But in his main work, "Fundamental Principles of the Sociology of Law" translated by W. L. Moll, Grundlegung der Saziologie des Rechts" (1913), there never exists such a view.
Ehrich said, "the center of gravity of legal development…from time immemorial has not lain in the activity of the state but in Society itself, and must be sought there at the present time." And he firmly rejected the notion of the omnipotence of the state. Therefore, it must be very important for him toclarity the reality of the state.
The author points out the three interrelated aspects of the state-one of the groups which constitute total society, an organ of society, and the greatest, all inclusive association-in his work. These concepts' the author suggests, are helpful to the studies of the above problem, for example "the interventionist state".
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Junzo Iida
1990Volume 1990Issue 42 Pages
106-109,266
Published: April 30, 1990
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The main object of this article is to sketch out the history of reception of modern Western Law in Thailand. The reception began on a full scale in the form of codification work during the reign of King Chulalongkorn (1868-1910). This task was first led by mainly Belgian legal advisers to Siam government. The year 1895, when the Legislative Council was inaugurated, was the landmark of the codification work. Provisional legal-procedure laws and courts laws modeled on modern Western Law were promulgated during this period. In 1898, the first modern criminal code in Thailand was drafted by the Codification Committee. We should not overlook the fact that there was a Japanese legal expert in the Committee, Masao Tokichi, Doctor of Civil Law of Yale University and that he was crdered to make the first draft. Because it was modeled partly on the Japanese criminal code of 1880, and the 1907 draft Japanese criminal code, the first modern criminal code in Thailand had many points of similarity to that of Japan. This means that Thai first modern criminal law received the principles of modern Western Law through the Japanese criminal code; which was modeled mainly on German and French criminal codes.
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The Military Crackdown on Pro-Democracy Movement in Beijing's Tiananmen Square; Historical Structure
Seikichi Hariu
1990Volume 1990Issue 42 Pages
110-114,266
Published: April 30, 1990
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It is impossible to study modern China without analyzing the historical structure of China. What are the fundamental reasons or causes that even now China has had feudalistic lineage (bureaucracy) and that in China the feudally affairs have occurred? One of them was shown was shown by the recent military crackdown on pro-democracy demonstration in Beijing's Tiananmen Square.
What kind of function or role does law and judgment play? How does law and judgment function in Chinese society? I analyzed the actual state and conditions of human rights and democracy in China and they are quite different from those in a modern capitalistic society.
Chapter I: The Research and Historical Condition
Chapter II: The Analysis of Structure
Chapter III: Introduction of the Actual State, the Research from a Viewpoint of Sociology of Law
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Yuriko Kaminaga
1990Volume 1990Issue 42 Pages
115-118,265
Published: April 30, 1990
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The public defender system is an American answer to her Constitutional requirement of the right to counsel for the indigent. The social conditions and the political decision-making of San Diego county which resisted to the pressure from the United States Supreme Court to expand and implement the right in the 1960s and early 1970s, are compared to that of Los Angeles county which established the first public defender system at the turn of the century.
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Shozaburo Yoshino
1990Volume 1990Issue 42 Pages
119-125
Published: April 30, 1990
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in Relation to Odagahama Seashore Case
Yasuko Goto
1990Volume 1990Issue 42 Pages
126-130
Published: April 30, 1990
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Setsuo Miyazawa
1990Volume 1990Issue 42 Pages
131-132
Published: April 30, 1990
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Prefecture's Response
Kouhei Matsumoto
1990Volume 1990Issue 42 Pages
133-136,265
Published: April 30, 1990
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1. The Stucture of Legal Section and Legal Stuffs
2. The Process of Negotiation of Damage Cases
(1) Prefectures Response in General
(2) The Process of Forming a Judgment in the Damage Cases
(3) The Fundamental Policy of Prefectuire
3. The Amount of Delegated or Provisional Disbursement of Prefecture and the Scope of Governor's Discretion
4. The Selection and Appointment of Lawyers
5. The Standard for Calculating Damages
6. The Use of Damage Insurance by the Prefecture
7. The Use and Preparation of Organizational Guidelines for Handling the Cases
8. The Reorganization of Legal Section
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City's Response
Tomoko Okamoto
1990Volume 1990Issue 42 Pages
137-140,264
Published: April 30, 1990
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This paper analyses and examines the rules and the practices of 11 cities' in following points: (1) the amount of delegated or provisional disbursement of mayor and the scope of mayor's discretion, (2) the level of formal approval of disbursement, (3) the selection and the appointment of lawyers, (4) the standard for calculating damages, (5) the use of damage insurance by the city, (6) the use and the preparation of organizational guidelines for handling the cases, and, (7) the education for legal stuffs.
We are of the opinion that:
(1) The amount varies independent of the size of city;
(2) The mayor's formal approval is required in all cities except that the amount is within the mayor's discretional disbursement;
(3) The lawyers are selected with regard to the relationship with the city or special professional ability;
(4) Most cities use the standards published by Japan Bar Association, by Tkyo district court, or provided by its insurance campay;
(5) All cities are insured by compulsory automobile liability insurance and voluntary insurance;
(6)(7) The use of manual and the edcation for legal stuffs vary according to the structure of legal section-centralized or decentralized-.
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Eishi Tanaka
1990Volume 1990Issue 42 Pages
141-144,264
Published: April 30, 1990
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Es soll der gerichtliche Erledigungsmechanismus der Städte unter folgenden Gesichtspunkte betrachtet werden.
1 Die Typisierung des gerichtlichen Erledigungsmechanismus der Städte;
2 Der gerichtliche Erledigungsmechanismus der Städte auf der Kompromißlösung-auf Grund der Entwicklungsgeschichte der Städt F-;
3 Der Kooperationsgradt der Zentrumsektion im Mitwirkungstypus;
4 Die Korrelation zwischen dem gerichtlichen Erledigungsmechanismus und der Große der Städte;
5 Das Wesen des Erledigungstypus ohne Hilfe der Zentrumsektion;
6 Im allgemeinen Vergleich zu dem gerichtliche Erledigungsmechanismus der Präfektur.
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Michihito Iseda
1990Volume 1990Issue 42 Pages
145-148,263
Published: April 30, 1990
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This paper analyzes and examines the processes and policies underlying negotiations in damage cases between two types of companies: electric power companies and other general manufacturing companies.
The following points are dealt with here: composition of a legal department, variety of disputes, method of asessment of damages, liability insurance, use of manuals to deal with actions brought for damages, and so on.
It was found that electric power companies were normally resolving disputes in accordance with their in-house rules and regulations of law.
General manufacturing companies, on the other hand, had a tendency to resolve disputes by negotiation, which was practical rather than legal, i.e., the granting of price discounts or ex-gratia payments.
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Prelimnary Interpreation (1)
Shiro Kashimura
1990Volume 1990Issue 42 Pages
149-152,263
Published: April 30, 1990
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One of the interesting features of the negotiating behavior of large organizations we studied is that the officials in organization generally emphasize that each section in charge of the matters to which a citizen complains handle and finally decide on the complaints, and that the role of legal section is to provide general direction or help to the section.
Organizational members' committment to this principle is founded and supported by several features of organizations' decision making-patterns and its beliefsystem. Among the features discussed are; (1) the alleged importance of familiarity with the details of the everyday handling of the matter, and with the administrative rules ana guidelines, (2) the alleged importance of cooperative decision making and of each section's maintaining harmonious relationship with other sections and such important outside organizations as the Nation's Administration (in the case of Prefectural administration and City administration) or buisiness partners (in the case of business corporations), (3) the other sections' expectation and legal section's self-emphasis of general advisory charactor of their work, (4) the lack of legal sections' knowledge of relevant rules, personnel and competence in dispute handling.
Finally, some of the consequences on the individual contestants as well as the organization's behavior in general are identified.
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Michio Nishihara
1990Volume 1990Issue 42 Pages
153-157
Published: April 30, 1990
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In relation to the English Jury System
Shin Oikawa
1990Volume 1990Issue 42 Pages
158-162,262
Published: April 30, 1990
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In order to promote the democratization of judicial process, we study the jury system from the viewpoint of the comparative sociology of law. The writer, as the one of four joint researchers, introduces the study of the jury system as follows:
(1) Preface
(2) The Jury Law of 1923 and the Jury System
(3) The English Jury System
(4) The Study of the Jury-System as the Democratization of Judicial Process
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One Day/One Trial System
Takashi Maruta
1990Volume 1990Issue 42 Pages
163-167,262
Published: April 30, 1990
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This paper analyzes One Day/One Trial (Jury) System in the United States. Although the cost of time and expenditure of the jury system and its impartiality have been criticized as a weakness of the jury system, some states have adapted a renovated jury system, one day/one trial system, to overcome this weakness. Under this system, by abolishing statutory excuses, jurors are randamly drawn from more sophisticated source, such as a state sensus, and the jury duty is limited to only one day or one trial. This system is used only 20% of population in the United States, but it lessens jurors' burden to serve and guarantees the representation of a "fair cross section of the conmmunity." An American experiment to convert weakness of the institution to the strong point seems to be very instructive to the Japa's (future) jury system.
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Masaaki Toyokawa
1990Volume 1990Issue 42 Pages
168-172
Published: April 30, 1990
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From the Viewpoint of the Operation of the Jury System
Sachio Shimomura
1990Volume 1990Issue 42 Pages
173-176,261
Published: April 30, 1990
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(1) Why has the Jury Law been at a standstill?
(2) The Image of the Jury System-Assuming the Discussion of it
(3) What will be changed after the Introduction of the Jury System?
(4) The Problems of the Sociology of Law and Its Association
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Inauguration Address before the Onati Institute for the Sociology of Law
Masaji Chiba, Yoshihito Ohhashi
1990Volume 1990Issue 42 Pages
177-183
Published: April 30, 1990
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[in Japanese]
1990Volume 1990Issue 42 Pages
184-188
Published: April 30, 1990
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[in Japanese]
1990Volume 1990Issue 42 Pages
189-193
Published: April 30, 1990
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[in Japanese]
1990Volume 1990Issue 42 Pages
194-198
Published: April 30, 1990
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[in Japanese]
1990Volume 1990Issue 42 Pages
199-203
Published: April 30, 1990
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[in Japanese]
1990Volume 1990Issue 42 Pages
204-208
Published: April 30, 1990
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[in Japanese]
1990Volume 1990Issue 42 Pages
209-213
Published: April 30, 1990
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