Research Projects

• 基盤研究(C), 01 Apr. 2022 - 31 Mar. 2026, 22K01123, ポスト司法改革時代の弁護士公益活動の実態と組織的基盤形成による活性化への展望, 大塚 浩, 日本学術振興会, 科学研究費助成事業, 奈良女子大学, 1170000, 900000, 270000, kaken

  対象リソースIRI
• Grant-in-Aid for Scientific Research (B), 01 Apr. 2018 - 31 Mar. 2021, 18H00803, Comprehensive Analysis of the Expansion and the Advancement of Lawyering in Criminal Fields, Miyazawa Setsuo, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Ryukoku University, 14430000, 11100000, 3330000, This research has tried to explore the situation of (1) the expansion of lawyering related to criminal justice into crime victim assistance and other new fields and (2) the advancement of criminal defense lawyering in terms “zealous advocacy” and to analyze their challenges for the development in the future. Data have been collected through (1) interviews of 78 attorneys each of which lasted one and a half hours on the average and (2) 914 usable responses to a web survey conducted with a random sample of attorneys in the entire country. Data analysis has so far focused on the advancement of criminal defense lawyers, and interim reports have been presented at two international academic conferences, two domestic academic conferences, a symposium issue in a domestic academic journal, and a series of articles in a domestic academic journal. Details of findings are described below. Data analysis is still being conducted, particularly regarding the expansion of new fields., kaken

  対象リソースIRI
• Grant-in-Aid for Scientific Research (C), 01 Apr. 2016 - 31 Mar. 2020, 16K03454, Civil Access to Justice for Sexual Minorities, Ageishi Keiichi, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Otemon Gakuin University, 4030000, 3100000, 930000, Sexual minority people also experience legal troubles and use various counseling organizations just like other people. However, even if they use consultation agencies when they experience sexual content trouble like a molester, some consultation agencies do not take it seriously because of their sexual orientations. And rumors of having had such an experience are spreading among them. As a result, some of them will not use consultation institutions, and consult only in their companion even if they experienced legal troubles because they are afraid of such experiences again. In that sense, it became clear that civil justice access was not sufficiently guaranteed for sexual minorities., kaken

  対象リソースIRI
• Grant-in-Aid for Scientific Research (B), 01 Apr. 2015 - 31 Mar. 2020, 15H03303, Semi Panel Survey on the Determinants for Career Trajectory of Japanese Young Lawyers, Fujimoto Akira, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Nagoya University, 15860000, 12200000, 3660000, We carried out semi-panel surveys to identify the emergence of new generation of Japanese lawyers. These project, following our previous project, targeted the 62nd and 67th cohorts of Japanese attorneys being registered at the times of each survey. For the 62nd cohort, the surveys covers its second year (2011), fifth year (2014) and tenth year (2019) after the first registration in 2009. For the 67th cohort, its second (2016) and fifth (2019) year surveys were conducted. Although most of those new attorneys are following traditional career trajectory, the increasing portion of attorneys have been pioneers in the fields and the working formats which the traditional attorneys had been committed very rare. For example those attorneys who work as in- house lawyers, both private and government, are rapidly increasing. Although the number of those attorneys is still small but their fields and ways of works are so different from traditional litigation lawyers., kaken

  対象リソースIRI
• Grant-in-Aid for Scientific Research (B), 01 Apr. 2012 - 31 Mar. 2018, 24330033, Comparative research on systematic assistance to judges for the confidence in gender fairness of the judiciary, MINAMINO Kayo; MIWA Atsuko; FUJIMOTO Akira; WATANABE Chihara; OKANO Yayo; TAKAI Hiroyuki; OHTSUKA Hiroshi; NAITO Yoko; SAKANO Issei, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Kyoto Women's University, 15860000, 12200000, 3660000, Aspiring for gender fairness in the courts, we examined systems and practices in the countries of civil law, common law, and Asian countries which received western law systems, searching for the features by which judges are well informed, understand, and appreciate the realities of the social conditions, gender gaps, and the ways the parties and litigants are affected.
  The findings are; judicial education and training on gender constitutes an important part of the systematic support provided for the judiciary; judges find the training useful and effective for the fair administration of justice; gender training is included in the education and training program based on the international standard; the contents of the gender training are revised and updated in close collaboration of lawyers, educators, and academics of the various disciplines relevant to legal studies; those programs and materials are applicable in Japanese context., kaken

  対象リソースIRI
• Grant-in-Aid for Scientific Research (B), 2007 - 2009, 19330027, International Comparative Research on the Process of Development, Implementation, and Institutionalization of Gender Curricula in Continuing Legal Education, MINAMINO Kayo; SAWA Keiko; TEJIMA Akiko; FUJIMOTO Akira; OKANO Yayo; EGUCHI Satoshi; WATANABE Chihara; MIWA Atsuko; TAKAI Hiroyuki; OTSUKA Hiroshi, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Kyoto Women's University, 12480000, 9600000, 2880000, This research tries to compare the continuing legal education programs and curricula in 9 countries selected by international indices on gender and legal systems, aimed at how we can integrate gender perspectives and issues into the continuing development of legal professions including judiciary. We found gender related programs are, as a matter of fact, apparently introduced in all the countries except Japan. There are ongoing international efforts to build a shared scheme of judicial education including gender perspectives., kaken

  対象リソースIRI
• Grant-in-Aid for Young Scientists (B), 2006 - 2008, 18730006, The Supply System of Legal Service in Communities, OTSUKA Hiroshi, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Nara Women's University, 3930000, 3600000, 330000, 地域社会における住民へのリーガルサービス供給体制を詳細に分析し、サービスにかかるいかなる資源が、どのような方法で配分されることにより、最も望ましい効率的かつ効果的なサービスの供給体制の構築に結びつきうるのかを明らかにした。, kaken

  対象リソースIRI
• Grant-in-Aid for Scientific Research (B), 2003 - 2005, 15330004, The Structure of Delivery of Legal Service in the Legally Depopulated Areas : A Research Combining Methods of Case Study and Opinion Survey., KASHIMURA Shiro; SUGAWARA Ikue; ABE Masaki; OTSUKA Hiroshi, Japan Society for the Promotion of Science, Grants-in-Aid for Scientific Research, Kobe University, 7600000, 7600000, One of the major causes of difficulties in people's obtaining appropriate legal services when they need is the uneven distribution of legal service providers--lawyers, judicial scribners, courts, or various legal consultation services. It is known that legal service providers, especially lawyers, are concentrated in larger cities and the residents in smaller cities, towns or villages experience a massive difficulty to finding one in their geographically proxy areas. This raises the question: how are legal disputes are resolved in less metropolitan areas of Japan? Strangely, the discussions on eneven distribution of legal services among cities and towns have been almost exclusively focusing on the seer number of lawyers. To design a more effective delivery system, however, it is necessary to know what happens in the less metropolitan areas and how the situation is coped with by the residents necessary using the locally available measures. It is also important to know how the legal service providersas well as the residents perceive the needs of legal services. The present study seeks to gain a realistic picture of how the legal disputes are coped with in these areas by combining the methods of case study and opinioin survey.
  The research group conducted the case study research in such rural areas as Tango(Kyoto), Iwami (Shimane), Miyako (Okinawa) and Ishigaki (Okinawa) in 2003. Our researcher visited the area and conducted the interviews with local lawyers, city hall officials, judicial scribners, courts, police, consumer protection offices. Benefited by the small number of available legal remedies, the interviews and observations are conducted with large proportion of local alternatives to access the law. In 200.1., the research group conducted a cross-sectional opinion survey in 6 cities in less metroplitan areas--Goshogawara (Aomori), Nihohe (Iwate), Mineyama (Kyoto), Gojo (Nara), Iki (Nagasaki),Ishigaki(Okinawa). The questionaire asking opinions on law and related subjects were sent to 6,000 residents (1,000 for each city) and obtaind the answer from 1,783 residents from 6 cities( Response rate being 29,7%). A graduate student in the reserch group stayed for a while as a resident in Ishigaki and conducted an in-depth observation of local attitudes and behaviors.The group also held a series of meetings inviting lawyers and other service providers to discuss the local situations. A micro-analysis of communication of law in legal consultation was also conducted utilising the method of conversation alalysis.
  The case studies revealed that (1)the digree and direction of immersion of newly arrived lawyer in community life differ significantly in areas, one of the reason of local variety is (1a) importance of personal relationship in local life, (1b) different availability of legal service providers already existed in the area, among others. The study revealed also (2)the lawyers and judges are sensitive to local custums corresponding the law (firendship based financing, transaction of land etc) and sometimes complain that the local customs make the straightforward application of law difficult. Thus there are interesting cleverage between legal service providers and community, and city officials in legal consultation services being a broker of legal consciousnes between them. The opinion survey revealed the pattern of some correspondence with the case study results. (1)It is not apparent, at least with preliminary analysis of the resutls, that 6 cities differ each other in term of opinions toward the law and related subjects. (2)Contrary to the popularly accepted view of popular dislike to law in Japanese life, the law and legal service providers (especially lawyers) are regarded important, trustworthy and effective. (3)The local residents consult with lawyers more frequently than the reserach group expected, though it is not clear whethere they turn to local lawyers or lawyers outside town. The preliminary results are presented at a mini-symposium at 2006 Annual Meeting of Japan Sociology of Law Association and at many other academic meetings. The group is preparing for results to publishe in English in the near future., kaken

  対象リソースIRI
• 地域社会におけるリーガルサービス供給の社会構造の探求, 0, 0, 0, Competitive research funding
• 社会運動における法律家の役割, 0, 0, 0, Competitive research funding, rm:presentations

  対象リソースIRI
• The Role of Lawyers in Social Movements, 0, 0, 0, Competitive research funding
• 基盤研究（ｃ）, 2024 - 2027, 24K04679, Coinvestigator, 弁護士の被害者支援業務の現状とその課題に関する総合的研究
• 基盤研究（C）, 2022 - 2025, 2 2 K 0 1 1 2 3, Principal investigator, ポスト司法改革時代の弁護士公益活動の実態と組織的基盤形成による活性化への展望
• 基盤B, 2015 - 2019, Coinvestigator, 「若手弁護士のキャリア規定要因に関する追跡研究」
• 基盤B, 2018 - 2020, Coinvestigator, 「刑事分野における弁護士活動の多様化と高度化に関する総合的分析」
• 基盤C, 2016 - 2019, Coinvestigator, 「性的少数者にみる民事司法アクセスの現状と課題」