Goals of the Course(JPN)
Goals of the Course
|In this lecture, I will try to give the basic understanding and knowledge on jurisprudence or philosophy of law in Japanese context to the international students who are not familiar with it. To do so, I will take up not only it directly, but also some non-legal contexts around it, such as historical, cultural, economic , and political contexts.|
Japanese legal system has been influenced by western legal systems since the Meiji Restoration, so that Japan could become 'modernized' state and society. In this course, we are going to reconsider many issues, for example, how Japan has been modernized and how the accomplishment can be evaluated.
We are also going up many topics, such as the Meiji Restoration, the Postwar Reform, the Justice System Reform, Legislative Process in Japan, Bureaucratic System in Japan, Lawyer in Japan, and Dispute Resolution controversy.
Objectives of the Course(JPN)
Objectives of the Course
|The first thing is to get the basic understanding and knowledge on jurisprudence and its relation to Japanese legal system.|
The second thing is to rethink about what Japanese legal system is like and about why it function well (or malfunction). To think in this manner is promote your reliable judgement about Japanese legal system.
Course Content / Plan
|Lecture 1. Introduction/ The History of Modern Japanese Law (1) Before the Period of Modernisation|
(1) Introduction to this lecture
(2) The Problem of the Modernisation
(3) Before the Period of Modernisation: Tokugawa Polity, Japan and Chinese Influence. Four division of society(士農工商),
Study Guide: Oda 2009, ch.1; Fukuyama 2011, 14-22.
Lecture 2. History of Modern Japanese Law (2) Meiji Restoration
(4) The Meiji Restoration(明治維新).
(5) Civil Law/ Common Law Tradition
(6) Government Structure and Meiji Constitution (Imperial Constitution)
(7) Brief Explanation about the History of reception of the Foreign Law and its theory in Japan.
Study Guide: Oda 2009, ch.1; Fukuyama 2014, ch. 23
Lecture 3. History of Modern Japanese Law (3) The Post-War Era
(8) The situation of post-war era.
(9) Five Major Reforms ordered by the Allied Forces（五大改革指令）
(10) Government Structure and New Constitution
(11) 1940 System and 1955 System.
Study Guide: Oda 2009, ch.1
Lecture 4. Justice System Reform since late 1990’s
(1) The situation of 90’s in Japan
(2) What is ‘Justice System Reform’?
(3) After the Reform
Lecture 5. Sources of Law in Japan and Regulatory Process(1)
(1) Formal Explanation
(2) Problem(1): Who makes statutory laws?
(3) Problem(2): Are Statutory laws Important? Delegated Legislation
Lecture 6. Sources of Law in Japan and Regulatory Process(2)
(4) Problem(3): Are there realms outside the law? : Administrative Guidance
(5) Summary: Who rules in Japan?
Lecture 7. The Administration of Justice
(1) Historical background
(2) The Court System
(3) Some Problems about the Court System in Japan: its lengthy delays
Study Guide: A report by the Supreme Court in Japan, which I distribute to you.
Lecture 8. Legal Education
(1) Meaning of the Hõsõ（法曹）
(2) The National Legal Examination
(3) Education and Training before Justice System Reform and their Problems
(4) Education and Training after Justice System Reform
Lecture 9. Judges
(1) Power and Competence
(2) Career Paths
(3) Supreme Court Justice, comparison with the System in the U.S. at the federal level.
Lecture 10. Public Prosecutors
(1) Power and Competence
(2) Career Paths
Lecture 11. Attorneys
(1) Power and Competence
(2) Career Paths?
(3) The Transition of the spirits?
Lecture 12. Dispute Resolution (1)
(1) Overview about this theme
From New York Times’ Article
(2) Kawashima’s Theory
(3) Culturalist Approaches
Study Guide: Eric Feldman, "Law, Culture and Conflict"
Lecture 13. Dispute Resolution (2)
(4) Institutionalist Approaches
(6) High Predictablity?
Lecture 14. Dispute Resolution (3)
Comprehensive Examination of a Case of Environmental Pollution: A Minamata Disease
Lecture 15. Summary
Course Prerequisites and Related Courses
|None if you do your best in this course.|
Course Evaluation Method and Criteria
|Your grade for the course will be calculated using the following formula:|
Short Paper in each lecture 30 %.
Final Report 70 %.
In short paper, you write your question or comment on each lecture. At least, you have to submit ten or more papers.
In final report, you have to make a report., which has to be 3 or more pages. And in this paper, you make a report about Japanese Legal System by comparing with your country's one. Japanese students should write more in detail.
If you get 60％ in total, you can take this credit. So, To get a minimum grade of 60% means to attain a C,
|In this course, we will do not use the textbook.|
Outline (power point slides) will be distributed each lecture.
Some articles will be distributed for preparation and review.
|Daniel Foote (ed.), Law in Japan: A Turning Point (University of Washington Press, 2007)|
Andrew Gordon, A Modern History of Japan: From Tokugawa to the Present (Oxford University Press, 2012)
Oda Hiroshi, Japanese Law 3rd edition (Oxford University Press, 2009)
Curtis J. Milhaupt, J. Mark Ramseyer, and Michael K. Young, Japanese Law in Context: Readings in Society, the Economy, and Politics (Harvard University Asian Center, 2001)
Brian Bix, Jurisprudence: Theory and Context (Oxford University Press, 2018)
Francis Fukuyama, The Origins of Political Order From prehuman times to the French Revolution (2011)
Francis Fukuyama, Political Order and Political Decay: From the Industrial Revolution to the Present Day (2014)
Study Load(Self-directed Learning Outside Course Hours)
|* Students will be given instructions in the class.|
Notice for Students
|This lecture will be jointly held with the G30 Program in the School of Law.|
Lecture format, etc.
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)
|Under the strong influence of the COVID-19, we will do it through live streaming on the web.|
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.