学部・大学院区分		法・博後

時間割コード		4302780

科目区分		法学研究科開講科目 Courses Offered by the Graduate School of Law

科目名　【日本語】		東アジア法研究ⅡA

科目名　【英語】		Research of East Asian Law ⅡA

担当教員　【日本語】		市橋　克哉 ○

担当教員　【英語】		ICHIHASHI Katsuya ○

単位数		2

開講期・開講時間帯		秋木曜日３時限 Fall Thu 3

対象学年		１年 1

授業形態		演習 Lecture

授業の目的　【日本語】

授業の目的　【英語】

*Born in Western Europe, Jurisprudence was completely unfamiliar to East Asian countries such as China, Korea and Japan in the 19th century. However, East Asian countries, threatened by Western colonization in the 19th century, were forced to accept the jurisprudence from Western countries as a part of their modernization. For any country in East Asia, the accept of the unknown discipline of law was a very difficult task. The history in which there were young scholars in East Asian countries who challenged the difficult task of accepting jurisprudence was a starting point for today's East Asian jurisprudence, and a crucial point in considering its history and present. Young scholars in East Asia who challenged the same task at the same time had a common ground in terms of their academic background.It was a rich knowledge of Chinese classics centered on Confucianism.East Asian scholars, using their knowledge of Chinese classics, translated "legal concepts" expressed in European languages one after another by creating a single word combining two Chinese characters. How East Asian law scholars with the common Chinese classic knowledge of the so-called "Kanji cultural region" accepted the study of Western-Born discipline on law? In this lecture I will consider the individuality and peculiarity of jurisprudence common to East Asia, the universality common to Western jurisprudence, and the relationship (Triade) among the three.

到達目標　【日本語】

到達目標　【英語】

*Students will be necessary to learn the key view points on the accept of jurisprudence in east asia coutries as follow: ① Importance of the Chinese classic as the common academic background ② Importance of acquiring knowledge of the history of law as well as the current law as international students dispatched to Western Europe ③ Importance of acquiring knowledge of legal practice and legal Interpretation as well as legal institutions and legal theory ④ Importance of “history” of law ⑤ Importance of the mechanism of institutional Change to common law in East Asia

授業の内容や構成

Lecture / Theme / Lecture Course Description / Learning outside the class / Related page

1
*Introduction
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2
*Absence of law and Jurisprudence
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3
*Chinese classic
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4
*Study Abroad and University
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5
*Codification where jurisprudence does not exist
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6
*Modernaization and Controversy over codification
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7
*Acceptance of Jurisprudence and strong path dependence
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8
*Statutes and laws, difficult acceptance of natural laws
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9
*Difficulty in accepting of law and jurisprudence
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10
*Importance of Legal Interpretation
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11
*Acceptance of law and jurisprudence in Korea
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12
*Acceptance of law and jurisprudence in China
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13
*Acceptance of law and jurisprudence in other asian countries
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14
*Individuality-peculiarity-Universality Triade in East Asian Law
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15
*Conclusion
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履修条件・関連する科目

*None

成績評価の方法と基準

*Participation and Class Contribution: 30% Written Report: 70%

教科書・テキスト

*None

参考書

*内田貴『法学の誕生　近代日本にとって『法』とは何であったか』（筑摩書房、2018年）（Uchida Takashi “The Birth of Jurisprudence: What Was “Law "　for Modern Japan?" (Chikuma Shobo, 2018) . For Japanese book, I translate them into English as appropriate and distribute the materials to students.
HIROSHI ODA, JAPANESE LAW (Oxford University Press, 2009).
SYUICHI SUGAI＆ITSUOSONOBE, ADMINISTRATIVE LAW IN JAPAN (Gyosei, 1999).

課外学習等（授業時間外学習の指示）

*After the class, review the lecture contents and read the ones that interest you in the materials introduced during class.
Chinese and Korean students are required to make a presentation on "acceptance of Jurisprudence" in their respective countries.

注意事項

授業開講形態等

遠隔授業（オンデマンド型）で行う場合の追加措置