Main Article Content
This paper discusses the unintelligible nature of legal terminology from lay perspectives in the era of the lay judge system. First, I will introduce Japan’s first plain language project which was set up by the lay-judge preparatory headquarters of Japan Federation of Bar Associations in preparation in 2005 for the lay judge system introduced in 2009. The project paraphrased sixty-one legal terms, which were important for lay judges but not known to lay people. I will show some rewording work, which was conducted by joint effort between legal and non-legal experts of the project. After the discussion of the rewording work I will move to a mock lay judge trial which was held by Maebashi District Courts, together with Maebashi District Public Prosecutors’ Offices and Gunma Bar Association in 2006 to prepare for the lay judge system. I will focus on one unintelligible legal terminology, ‘murder through willful negligence’ (mihitus no koi) and discuss how the intent to murder was determined in a deliberation of a mock trial, using a discourse connective, ‘the only thing is that…’ (tada). The introduction of the lay judge system has therefore given a prodigious opportunity to work on plain legal language in Japan.
This work is licensed under a Creative Commons Attribution 4.0 International License.
When submitting a paper the author agrees to the following publishing agreement and processing personal data.
PUBLICATION AGREEMENT, COPYRIGHT LICENSE, PERSONAL DATA PROCESSING CONSENT
This is a publication agreement and copyright license (“Agreement”) regarding a written manuscript currently submitted via Pressto platform
(“Article”) to be published in Comparative Legilinguistics International Journal for Legal Communication (“Journal”).
The parties to this Agreement are:
the Author or Authors of the submitted article (individually, or if more than one author, collectively, “Author”) and Comparative Legilinguistics International Journal for Legal Communication (“Publisher”), address al. Niepodległości 4, 61-874 Poznań, represented by its editor in chief Aleksandra Matulewska.
§1. LICENSE OF COPYRIGHT
a) The Author and the Publisher agree that the Author grants a Creative Commons Attribution 4.0 International License, which is incorporated herein by reference and is further specified at Creative Commons — Attribution 4.0 International — CC BY 4.0 copyright license in the Article to the general public.
b) The Author grants to the Publisher a royalty-free, worldwide nonexclusive license to publish, reproduce, display, distribute, translate and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis and SSRN). The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement.
c) The Author grants to the Publisher the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Publisher under this Agreement.
d) Republication. The Author agrees to require that the Publisher be given credit as the original publisher in any republication of the Article authorized by the Author. If the Publisher authorizes any other party to republish the Article under the terms of paragraphs 1c and 1 of this Agreement, the Publisher shall require such party to ensure that the Author is credited as the Author.
§2. EDITING OF THE ARTICLE
a) The Author agrees that the Publisher may edit the Article as suitable for publication in the Journal. To the extent that the Publisher’s edits amount to copyrightable works of authorship, the Publisher hereby assigns all right, title, and interest in such edits to the Author.
a) The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Publisher against all such claims.
b) The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.
c) The Author represents and warrants that the Article furnished to the Publisher has not been published previously. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress”. The Author agrees to hold harmless the Publisher, its licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.
a) The agreement was concluded for an unspecified time.
a) The Author agrees and acknowledges that the Author will receive no payment from the Publisher for use of the Article or the licenses granted in this Agreement.
b) The Publisher agrees and acknowledges that the Publisher will not receive any payment from the Author for publication by the Publisher.
§6. ENTIRE AGREEMENT
a) This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Publisher with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement.
b) In all cases not regulated by this Agreement, legal provisions of Polish Copyright Act and Polish Civil Code shall apply.
c) Any disputes arising from the enforcement of obligations connected with this Agreement shall be resolved by a court competent for the headquarters of the Publisher.
d) Any amendments or additions to the Agreement must be made in writing and signed by authorised representative of both parties, otherwise being ineffective.
e) This Agreement is signed electronically and the submission of the article via the PRESSto platform is considered as the conclusion of the Agreement by the Author and the Publisher.
f) Clause for consent to the processing of personal data - general
g) The Author shall give his or her consent to the processing of their personal data in accordance with the Act of 10 May 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) for the purpose and in connection with making publications available on the PRESSto scientific journals platform and DeGruyter platform, guaranteeing the security of services rendered, and improving them.
I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.
The Author The Publisher
- Brown, Penelope and Stephen Levinson. 1978, 1987. Politeness. Cambridge: Cambridge University Press.
- Fujita, Masahiro. 2005. ‘Houtei yougo ni kansuru mensetsu chosa’ (Interview survey on legalese), Jiyuu to Seigi (Freedom and Justice) Vol. 56 (3), 79–91.
- Kawagoe, Naoko. 2003. ‘Hosoku no Setsuzokushi “tada” “tadashi” ni tsuite’ (On Supplementary Discourse Connectives ‘tada’ and ‘tadashi’). Ningen Bunka Gakubu Kenkyuu Nenpou (Tezukayama Gakuin University, Faculty of Human and Cultural Studies) 5, 82–101.
- Kobayashi, Mitsuru and Toshimaro Kashiro, eds. 1992. Keiji Jijitsu Nintei – Jou (Fact-Finding in Criminal Cases – 1st volume). Tokyo: Hanrei Times Sha, Reprinted 2006.
- Maeda, Masahide, ed. 2006. Saiban-in no tame no Yoku Wakaru Houritsu Yougo Kaisetus (Guide to Legal Terms for Lay Judges). Tokyo: Tachibana Shobo.
- Morita, Yoshiyuki. 1980. Kiso Nihongo 2 (Basic Japanese). Tokyo: Kadokawa Shoten.
- Nihon Bengoshi Rengoukai. 2008a. Saiban-in no tame no Houtei Yougo Handbook (A Handbook for Lay People). Tokyo: Sanseido.
- ----- 2008b. Saiban-in Jidai no Houtei Yougo (Courtroom Language in the Era of the Mixed Court), A. Goto as chief editor. Tokyo: Sanseido.
- Okawara, Mami Hiraike. 2009a. ‘Settoku no Gengogaku’ (Persuasion of Linguistics)’. In Sadato Goto, Satoshi Shinomiya, Takashi Takano and Takafumi Hayano, eds. Saiban-in Saiban: Keiji Bengo Manual (Lay Judge Courts: Manual for Criminal Defence). Tokyo: Daichi Hoki.
- ----- 2009b. Saiban Omoshiro Kotoba Gaku (Peculiar Courtroom Language Studies). Tokyo: Taishukan Shoten.
- ----- 2008a. Shimin kara Mita Saiban-In-Saiban (The Mixed Court as Viewed by Lay People). Tokyo: Akashi Shoten.
- ----- 2008b. ‘Saiban-in no Mesen ni Tatta Saishu Benron (Closing Arguments from the Viewpoints of Lay Judges)’, Hanrei Times 1260, 95–101.
- Ono, Ichitaro. 1992. ‘Satsui’ (Intent to Murder), in M. Kobayashi and T. Kashiro, eds., Keiji Jijitsu Nintei – Jou (Fact-Finding in Criminal Cases – 1st volume). Tokyo: Hanrei Times Sha, Reprinted 2006.
- Ramseye, J. Mark and Minoru Nakazato. 1998. Japanese Law. Chicago: Chicago University Press.