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Alberta605
Joined: 23 Dec 2006 Posts: 94 Location: Japan
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Posted: Thu Feb 15, 2007 1:29 pm Post subject: Oo's a Lovely Little Judgie Wudgie then? |
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Can't add this to the Nova'Drugs and Justice thread as it's locked due to some spiciness or other.
What surprised me today was the appearance of a 30 year old full judge at law at the center I work at. Hobbies included snow boarding, SCUBA and 5-a-side soccer.
In Japan, after passing the bar exam and a further 18 months of training the lucky near teenager can decide to be either a lawyer or a judge at the ripe old age of 24.
Naturally I was surprised at what is new information for me as most of the judges in my country appear to be near death from old age.
Aside from his age and his youthful predictions, I was a little concerned about his capacity because:
1. He couldn't understand the meaning of a relatively easy graph;
2. He couldn't remember any more than 1 country from a list of 6 (played twice).
3. He couldn't seem to imagine where he'd like to go on vacation if he had more than the 10 days he's currently entitled to.
4. He nearly fell over a chair when leaving the room.
Overworked, maybe...confidence inspiring in the Japanese judical system ohhhh nooo!
Disclaimer: this experience is not meant to express the definitive state or condition of the Japanese juducial system or the judges who work therein. It is an isolated event in experience of the poster and should not be incorrectly generalized.  |
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Yawarakaijin
Joined: 20 Jan 2006 Posts: 504 Location: Middle of Nagano
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Posted: Thu Feb 15, 2007 3:33 pm Post subject: |
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Funny post. I liked your disclaimer. It should become standard on here the way some seem to take offense so easily.
I haven't met or taught many judges but man you are spot on in regard to the vacation thing. My classes usually go something like this.
Scenario A : So Mr.Tanaka where are you going for golden week?
Back to my hometown.
Scenario B So Mr. Tanaka where are you going for golden week?
Okinawa/Hokkaido.
Scenario C So Mr.Tanaka where are you going for golden week?
Nowhere special.
Oh, where would you like to go?
Ehhhhhh? Ahhhhhhhh. Etoooooooneeeee
Is there a country that you are interested in?
Ehhhhhh. Ahhhhhhhh. Etoooooo neeee.
Now obviously this doesn't jive because we all know how easy it is to spot Japanese tourists in our home countries. I tell you though, I have more interesting conversations with little children and 60 year old ladies than I do with the average Japanese male between the ages of 25 and 50. |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Thu Feb 15, 2007 9:52 pm Post subject: |
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Competence or intelligence in one field does not mean anything about the ability to learn a foreign language.
Enjoy the lessons. Sounds like you have a near beginner, and an overworked one at that. One who has led almost all of his life at one task and has had no opportunity to think of his personal life. |
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G Cthulhu
Joined: 07 Feb 2003 Posts: 1373 Location: Way, way off course.
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Posted: Thu Feb 15, 2007 10:32 pm Post subject: |
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Glenski wrote: |
Competence or intelligence in one field does not mean anything about the ability to learn a foreign language.
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I was wondering about the attempt to suggest something about judicial ability relating to falling over a chair. The connection still eludes me.
AFAIK, the only thing they need to be able to do with a chair is sit in it, and I'm still not convinced that that aspect relates all that much to their ability to be a judge. Of course, I could be wrong. Maybe there is some aspect of the Japanese judicial system that requires chair vaulting and avoidance as a skill.  |
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sethness
Joined: 28 Feb 2005 Posts: 209 Location: Hiroshima, Japan
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Posted: Fri Feb 16, 2007 2:23 am Post subject: |
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Being a judge in Japan is accomplished by taking a civil service exam which searches out your competencies. After taking the test, you may become a judge, court stenographer, etc.
The problem is, as someone earlier pointed out, that one has little experience at that point-- and worse, may rely on elders for direction.
The judges I've met have relied heavily on the opinions of the prosecutors, putting in little or none of their own input. I've seen more stiffness of spine from seaweed in a strong current.
Imho, a person should be a lawyer for a good, long decade before being able to become a judge-- and then have a very low regard for lawyers, prosecutors, and their opinions. |
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JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
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Posted: Fri Feb 16, 2007 4:37 am Post subject: |
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I'm assuming that your humorous rant was in the context of an English lesson with said judge... I had to read your post twice to make sure...
You know, it' kinda hard to determine quality standards in other countries and cultures. Two summers ago when my wife and I were in Europe, we shared a train sleeper car with a "medical doctor" from Brazil... He actually looked much more like a 60s hippy, but even more so, looked about as old as Doogie Howser, M.D. He explained to us how all that worked, and again, he chose and started studying for his profession quite early on.
I know that in Canada, ANY judge has to work a certain number of years as a lawyer (specifically, as a public prosecutor) before he's eligible for promotion to judge. But hey, this isn't Canada. Honestly, I think I may feel more at ease with a judge who enjoys boarding and scuba.
Anyhoo, all that aside, I KNOW that many, many highly intelligent people, when confronted by learning another language instantly "go stupid" in an instant -- and can't think OR reason. Sometimes it seems that all logical reasoning and critical thinking skills (that you KNOW must be a part of their everyday jobs) go out the window as soon as they see a sentence in English that they can't decypher.... Their IQ drops from 140 to 70 in about 5 words, if you will. I tutor an AIDS researcher from Tokyo Medical University every weekend, and even though he's a brilliant scientist (I've read some of his internationally published articles) who has helped advance AIDS research incredibly, can't remember (even after the 1000 times I've corrected him) that the past tense of "go" is "went."
I guess the same thing can even be said about more mundane situations. For instance, why is it that a computer-geek programmer who is smart enough to hack a hole into a government supercomputer isn't capable of getting a date on Friday night? I think it's the same sort of parallel. |
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shuize
Joined: 04 Sep 2004 Posts: 1270
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Posted: Fri Feb 16, 2007 6:35 am Post subject: |
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JimDunlop2 wrote: |
Anyhoo, all that aside, I KNOW that many, many highly intelligent people, when confronted by learning another language instantly "go stupid" in an instant -- and can't think OR reason. Sometimes it seems that all logical reasoning and critical thinking skills (that you KNOW must be a part of their everyday jobs) go out the window as soon as they see a sentence in English that they can't decypher.... Their IQ drops from 140 to 70 in about 5 words, if you will. I tutor an AIDS researcher from Tokyo Medical University every weekend, and even though he's a brilliant scientist (I've read some of his internationally published articles) who has helped advance AIDS research incredibly, can't remember (even after the 1000 times I've corrected him) that the past tense of "go" is "went." |
A very good point. As long as one operates mostly in English, Japan seems like a nation full of people who cannot reason or think for themselves. I imagine this is due in large part to many people saying only what they're able to put together with their limited vocabulary. Over time, however, the more Japanese I learned the more I was impressed by some very intelligent people who, linguistically speaking, can hardly tie their own shoelaces. |
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seastarr
Joined: 22 Sep 2006 Posts: 76
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Posted: Sun Feb 18, 2007 7:07 pm Post subject: |
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I taught a judge at Nova that was probably about 35-40 years old. In the time I taught him, I was lucky enough to have him one on one a few times and I found that he was one of the smartest students that I had, even though he lacked imput in a group class. He was always very interested in learning about the application of the law in my country and he was always willing to discuss and debate the Japanese legal system. I always enjoyed our conversations because he was very open and interested in my opinions and would tell me what he thought of them. This was not the norm with most of my other students who usually thought what ever the teacher said was probably right. Just because someone doesn't fit the western image of an aged judge doesn't mean they are any less fit for the position. My Grandfather was a family court Judge in the days when people were appointed in Canada simply because of their place in the community. Age and wisdom do not always go hand in hand and language skill and knowledge don't always go together either. Society is everchanging and I agree with the poster that said they might prefer to have a scuba diving judge as opposed to one that was extremely set in their ways. |
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JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
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Posted: Mon Feb 19, 2007 4:16 am Post subject: |
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seastarr wrote: |
My Grandfather was a family court Judge in the days when people were appointed in Canada simply because of their place in the community. |
In many places, especially tribal societies, this is still very much the case. I wonder if this is kind of what the Japanese legal system is trying to achieve with its trial jury system that they are now experimenting with.
I get a kick out of this kind of regression.... Reverse evolution (or maybe deevolution).
Heh... Makes me think of that Star Trek (TNG) episode (the name of the episode was "Genesis" I believe) where the whole crew devolves into reptiles and amphibians and whatnot. |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Mon Feb 19, 2007 4:26 am Post subject: |
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JimDunlop2 wrote: |
Heh... Makes me think of that Star Trek (TNG) episode (the name of the episode was "Genesis" I believe) where the whole crew devolves into reptiles and amphibians and whatnot. |
Hmm... I don't think Richard Dawkins would go along with that.
I once taught an airline pilot who would ramble some long-winded monologue about the poor English of Chinese air traffic controllers. Or at least I think that was what he talked about, a lot of the time I just couldn't understand him. |
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earache
Joined: 23 Mar 2006 Posts: 15 Location: Japan
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Posted: Mon Mar 12, 2007 10:38 am Post subject: |
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In VERY simple terms...
the legal system in Japan in a civil law system based on codifications rather than the common law system used in the US and Canada. In a civil law system, the judge just has to apply the codes (i.e. laws); in a common law system, the judge makes the law and therefore needs a lot more experience.
Further...
Japan is considering introducing saibanin to the legal system- citizens who will have input in the judge's decision (usually two per trial). This is not a jury system by any means. |
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southofreality
Joined: 12 Feb 2007 Posts: 579 Location: Tokyo
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seanmcginty
Joined: 27 Sep 2005 Posts: 203
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Posted: Tue Mar 13, 2007 3:28 am Post subject: |
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earache wrote: |
In VERY simple terms...
the legal system in Japan in a civil law system based on codifications rather than the common law system used in the US and Canada. In a civil law system, the judge just has to apply the codes (i.e. laws); in a common law system, the judge makes the law and therefore needs a lot more experience.
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This isn't quite accurate.
The role of the judge is different in the common and civil law systems, but for somewhat different reasons. Civil law systems use the inquisitorial method in which the judge plays an active role in investigating the evidence, as opposed to the common law system where the judge's role is much more passive and limited to weighing the evidence presented by the lawyers for the parties (the adversarial system).
Common law judges also follow statutes and their "law making" role is pretty small.
I fail to see how there is any need for a judge in a common law system to have more experience than one in a civil law system. If anything, the passive role of the judge in the common law system is probably easier than that played by judges in civil law systems. |
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Alberta605
Joined: 23 Dec 2006 Posts: 94 Location: Japan
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Posted: Fri Mar 16, 2007 12:31 pm Post subject: |
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G Cthulhu wrote: |
AFAIK, the only thing they need to be able to do with a chair is sit in it, and I'm still not convinced that that aspect relates all that much to their ability to be a judge. Of course, I could be wrong. Maybe there is some aspect of the Japanese judicial system that requires chair vaulting and avoidance as a skill.  |
There isn't any requirement to speak English in a Japanese court room either is there? At least I would certainly hope not...terrifying thought /shivers.
Sooo, I'm not really wheezing about his language skills, just his ability to data interpret, memorize facts, and negotiate stationary objects. My real concern (as if I really care) is his age! Having said that I would have made a great supreme court judge at half his age (fyi that would have made me 15 years old). |
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G Cthulhu
Joined: 07 Feb 2003 Posts: 1373 Location: Way, way off course.
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Posted: Fri Mar 16, 2007 1:31 pm Post subject: |
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Alberta605 wrote: |
Sooo, I'm not really wheezing about his language skills, just his ability to data interpret, memorize facts, and negotiate stationary objects. My real concern (as if I really care) is his age! Having said that I would have made a great supreme court judge at half his age (fyi that would have made me 15 years old). |
To be honest, the Japanese judicial selection process is no more bizarre than the, say, US practice of electing judges. And as others said, his ability to do those things you mention in an EFL context doesn't have terribly much to do with his ability to be a judge, does it? Then again, maybe he is the actual living personaification of The Worst Judge on the Planet: someone has to fill the spot, don't they?  |
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