授業の目的 【日本語】
Goals of the Course(JPN) | | |
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授業の目的 【英語】
Goals of the Course | | | This course aims to develop the students' expertise and skills in conducting comparative legal research on Asia - a region with diverse legal jurisdictions originating from socialist and capitalist backgrounds. While not limited to law, this course also aims to develop students' foundation for Asia's historical and political issues. |
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到達目標 【日本語】
Objectives of the Course(JPN) | | |
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授業の内容や構成
Course Content / Plan | | 1) Socialism v. Capitalism in Asia. How to differentiate Socialist and Capitalist legal systems in Asia? Which system is more democratic? (Marxism, concept of the state, and the sources of law);
2) Authoritarianism and its diverse forms in Asia. How anti-colonialist movements in Asia shaped authoritarianism and constitutionalism as one axis. (From military junta to super-presidentialism)
3) Constitutionalism in Asia. Why and how theoretically diverse Asian Constitutions are? (The concepts of democratic centrism and separation of powers, the role of legislature);
4) Constitutionalism in Asia. Citizens' rights and human rights, are they different? (The concepts of legal positivism, universal human rights, and 'Asian values')
5) Constitutionalism in Asia. Judicial review (Between judicialization of politics and politicization of judiciary; protection of fundamental rights)
6) Formal law and informal law in Asia. What do Asian legal systems say concerning legal pluralism? (Black letter or statutory law, indigenous law, re-traditionalization in Asia)
7) Regionalism in Asia. What does regionalism say concerning sovereignty? (The foundation and specifics of ASEAN )
8) Regionalism in Asia. ASEAN Human Rights Declaration - what makes it different from other regional effective human rights frameworks? (Human rights conventions and protection frameworks)
9) Legal recipients in Asia and legal donors. How has legal cooperation in Asia contributed to the transition reforms in the post-Cold war era? (Law and development, legal assistance and cooperation philosophies)
10) Overview of the social life design in Asia. A big theory about how the people and the individuals can shape their lives and society. (How does your society use rights, duties, freedoms, and resources? How does your jurisdiction use the bill of rights, public and private rights?)
11) Family and life of private citizens in Asia. What is a family? (Family v. Individual members of a family) What relationship do you expect in a family? When does a family in your jurisdiction buy a house, and how do they finance it? A life cycle of an individual: child – adolescence – marriage (divorce)? － retirement – funeral.
12) Legal Tools for Market Economy in Asia: What basis do we need to practice a market economy? (property right and what else?) What can we learn from the experience of a radical transition from a planned economy to a market economy? The mindset for a market economy: “the spirit of Capitalism”?
13) Market and the State: How do Asian jurisdictions control the market? What aspects of the market does your government control with what tools?
14) Students' presentations.
15) Students' presentations. |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | |
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成績評価の方法と基準
Course Evaluation Method and Criteria | | | The instructor will carefully evaluate each student based on the performance, focusing on the quality of discussion and critical reflections on the course discussions. A passing grade will be given based on a demonstrated understanding of the basic concepts and terminology related to public legal doctrines and socio-political specifics in Asia (50%). To receive a passing grade, students must also submit individual/group presentations (30%) and a final written report on any topic of the seminars (20%). |
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教科書・参考書
Textbook/Reference Book | | | No specific textbook is designed in advance for this class; however, the instructor will provide a master class at the beginning that will help students to level up their general skills necessary for searching relevant databases accessed locally and remotely. |
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課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | Students are highly encouraged to extensively utilize in-campus and off-campus research tools, which are widely available for searching relevant research articles, notes, and books, and do regular contextual reading to increase their potential to exchange information on specific topics and reflect their personal analytical or critical views on the similarities or differences across jurisdictions in Asia. |
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注意事項
Notice for Students | | I accept questions outside of class hours in 524 (ALEP 5th floor) with prior e-mail appointments via ismatov@law.nagoya-u.ac.jp
Would you please make sure to wear your mask. |
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授業開講形態等
Lecture format, etc. | | |
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遠隔授業（オンデマンド型）で行う場合の追加措置
Additional measures for remote class (on-demand class) | | |
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