1997 Fiscal Year Final Research Report Summary
COMPARATIVE STUDY OF THE JUDICIARY SYSTEM IN JAPAN AND IN THE UNIT STATES
| Project/Area Number |
07045007
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| Research Category |
Grant-in-Aid for international Scientific Research
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| Allocation Type | Single-year Grants |
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| Section | University-to-University Cooperative Research |
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| Research Field |
Civil law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
KONTANI Koji Hiroshima Univ., Faculty of Law, Professor, 法学部, 教授 (00033738)
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| Co-Investigator(Kenkyū-buntansha) |
BARKAI John L. Univ.of Hawaii, Law School, Professor, ロースクール, 教授
EGASHIRA Daizo Hiroshima Univ., Faculty of Law, Associate Professor, 法学部, 助教授 (90193987)
OKAMOTO Tomoko Hiroshima Univ., Faculty of Law, Associate Professor, 法学部, 助教授 (90233379)
KATAGI Haruhiko Hiroshima Univ., Faculty of Law, Professor, 法学部, 教授 (70177393)
KAI Katsunori Hiroshima Univ., Faculty of Law, Professor, 法学部, 教授 (80233641)
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| Project Period (FY) |
1995 – 1997
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| Keywords | American Judiciary / Dispute Resolution / Jury Trial / Alternative Dispute Resolution / Legal Profession |
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| Research Abstract |
The subject of this research is to analyze the dispute resolution system in the United States from two perspectives ; the judiciary system itself and the professional who sustain the system.
1 About the judiciary ; We observed the process of the jury system, which we believe is integrated deeply not only to the spirit, but also to the real function of the American democracy. Nevertheless, the process is maintained by heavy sacrifice of time and cost of the court, and the citizens who serve as jury. The demand for effective resolution of disputes necessitate the application of several ADR (Alternative Dispute Resolution) system, including court annexd arbitrage system, small claim courts, and even plea bargaining in the criminal procedures.
2 About the professionals ; The legal professionals in the United States may be characterized by the fierce competition within the professionals and the consequential professionalization of legal business. (1) The fierce competition among the professionals may be one reason of the litigation addicted socienty. But such competition may also mobilize the legal innovation in fields such as sexual or racial discrimination, consumer protection, exploring the way to court and recovery for the otherwise deserted. (2) Professionalization and competition surely strengthen the quality of the legal service provided by the professional not only in the court, but also in many legal service outside of the court, including documentation of contracts, wills, and trusts, and wide fields of consulting. The latter is worthy of notice as the Japanese legal profession is under pressure for self innovation.
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