Goals of the Course(JPN)
Goals of the Course
|This seminar provides students opportunities to learn and discuss the actual functioning of law and legal system in its social context.|
Each student picks one paper from the list (or more, according to the number of participants), prepare handout and make physical copies for the students. The handouts need to contain (1) summary of the paper: what is explained and discussed in the material and (2) reporter’s comments for discussion.
Students must submit an after-presentation report according to the instruction privided at the class.
Students may also be required to submit final report according to the class size.
Students other than the reporter must read papers in advance and actively participate in discussion. All the students are expected to make at least one comment at every class.
Through such efforts students are expected to obtain basic knowledge and insights on the reality of the legal system.
Objectives of the Course(JPN)
Objectives of the Course
|Develop basic skills and gain knowledge to conduct your own socio-legal study on law.|
Course Content / Plan
|Each session will cover one paper as listed above. Session involves presentation and discussion|
Each student picks one (or more) of the articles on the reading list below for presentation and discussion. We will read one paper per one session.
Discussion Topics and Reading Materials
First Meeting: Orientation
1.How the “Disputes” Develop in Social Contexts
Felstiner, William L. F., Richard L. Abel, and Austin Sarat, “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming…” 15 Law and Society Review 631 (1980).
Miller and Austin Sarat, “Grievances, Claims, and Disputes: Assessing the Adversary Culture,” 15 Law and Society Review 525 (1980).
Albiston, Edelman and Milligan “The Dispute Tree and the Legal Forest,” 10 The Annual Review of Law and Social Science 105 (2014).
2.The Reality of Civil Dispute Mechanisms
William M. O'Barr; John M. Conley, “Lay Expectations of the Civil Justice System,” 22 Law & Soc'y Rev. 137 (1988)
Robert H. Mnookin; Lewis Kornhauser, “Bargaining in the Shadow of the Law: The Case of Divorce,” 88 Yale L.J. 950 (1979).
Sara Cobb, “The Domestication of Violence in Mediation,” 31 Law & Society Review 397-440 (1997).
3.Why “the Haves” Come Out Ahead in Legal Spheres?
Why the 'haves' come out ahead: speculations on the limits of legal change / Marc Galanter
Lauren B. Edelman; Mark C. Suchman, “When the Haves Hold Court: Speculations on the Organizational Internalization of Law,” 33 Law & Soc'y Rev. 941 (1999)
Beth Harris, Representing Homeless Families: Repeat Player Implementation Strategies, 33 Law & Soc'y Rev. 911 (1999)
4.Law and Social Control
Sebastian Scheerer, “The New Dutch and German Drug Laws: Social and Political Conditions for Criminalization and Decriminalization,” 12 Law & Soc'y Rev. 585 (1978)
Tom R. Tyler; Robert J. Boeckmann, “The Three Strikes and You Are out, but Why - The Psychology of Public Support for Punishing Rule Breakers,” 31 Law & Soc'y Rev. 237 (1997)
Hamai & Ellis, "Crime and Criminal justice in modern Japan: From reintegrative shaming to popular punitivism"International Hournal of the Sociology of Law,34, 157-178 2006.
Course Prerequisites and Related Courses
|Recommendation: Japanese Law and Society /Sociology of Law Semina A in Fall semester (before or after taking this course)|
Course Evaluation Method and Criteria
|Presentation (30%), class discussion (30%), after-presentation report (40%).|
Credit is given of C- or C（where applicable）or higher for each graded criterion.
|Instructions will be given in class|
|Instructions will be given in class|
Study Load(Self-directed Learning Outside Course Hours)
|Students must read the material before each class.|
Notice for Students
|Enroll as a member of this course through NUCT, where you get all important notices from the lecturer. Students must attend the first meeting to be assigned a paper to present at the class.|
Lecture format, etc.
|Remote classes conducted via Teams, Zoom, etc.|
NUCT membership registration is necessary for the class participation. All the important notice and course guidance will be posted on NUCT. If the class format is changed, details will be noticed via NUCT.
List of hybrid classes employing both face-to-face and remote teaching methods will be posted in the "News" of the homepage of the Graduate School of Law.
*If there are any changes in the teaching methods after the period of course registration, it will be announced on NUCT.
Additional measures for remote class (on-demand class)
Remote classes are conducted via NUCT. Questions to instructors should be asked using the NUCT "Message" function.
Student discussions will be conducted using the NUCT "Message" function. (If the instructor has added the "Forum" function, the "Forum" can also be used.)
Follow your instructor's directions if your instructor has any other directions.