Undergraduate / Graduate
Courses Offered by the Graduate School of Law
|Special Lecture and Seminar (Japanese Law and Society)|
|原田 綾子 ○|
|HARADA Ayako ○|
Term / Day / Period
|秋 木曜日 ３時限|
Fall Thu 3
Goals of the Course(JPN)
Goals of the Course
|This seminar provides students opportunities to learn and discuss the actual functioning of Japanese law and legal system in its social context.|
Objectives of the Course(JPN)
Objectives of the Course
|Each student picks one topic or more, according to the number of participants, prepares handout that briefly describes what is argued in the material and his or her own opinion, and presents it for class discussion. Students other than the presenter must read materials in advance and actively participate in discussion. Through such efforts, students are expected to obtain basic knowledge and insights on the reality of the Japanese legal system.|
Course Content / Plan
|IMPORTANT NOTICE FOR STUDENTS
Our first class session will be held on October 14. (No class on October 7)
All the students who participate this course must enroll as a student at the NUCT course site by October 12 to receive an on-line invitation to the first session (probably, a Zoom invitation from the lecturer).
If you have any questions over the procedure you should inform the lecture via email..
In this course each session will focus on a paper provided on the list below.
The class work will be generally divided into three parts.
Part 1: presentation
Part 2: small group discussion
Part 3: discussion with all the class members
The presenter(s) will organize the discussion. The lecturer make a final remark at the end of session.
List of the articles covered in this course
Part I . Reluctant Litigants? Legacy of Kawashima’s Theory on Japanese non-litigiousness
1. Japanese attitude toward law and litigation
Takeyoshi Kawashima, 1963, “Dispute Resolution in Contemporary Japan,” Arthur von Mehren (ed.), Law in Japan: The Legal Order in a Changing Society, Harvard University Press, pp.41-72.
2. Criticism to attitude (culture) model: Institutions
John Owen Haley, 1978, “The Myth of the Reluctant Litigant,” Journal of Japanese Studies Vol.4, No.2, pp. 359-390.
Part II. Socio-legal process of dispute resolution—different strategies in different areas
1. Automobile Accidents (1)
Ramseyer, J. Mark, and Minoru Nakazato, 1989, "The Rational Litigant: Settlement Amounts and Verdict Rates in Japan." The Journal of Legal Studies 18, no. 2, pp.263-90.
2. Automobile Accidents (2)
Takao Tanase, 1990, “The Management of Disputes: Automobile Accident Compensation in Japan,” Law and Society Review, Vol. 24, No. 3, pp.651-692.
3. Neighborhood Noise Disputes
Mark D. West, 1995, “The Resolution of Karaoke Disputes: The Calculus of Institutions and Social Capital,” Journal of Japanese Studies, Vol. 28, No. 2. pp. 301-337. .
4. Product Liability
Luke Nottage and Yoshitaka Wada, 1998, “Japan’s New Product Liability ADR Centers: Bureaucratic, Industry, or Consumer Informalism?” Zeitschrift für Japanisches Recht, Nr. 6, pp. 40-81.
5. Medical Malpractice
Eric Feldman, 2006, “Law, Society, and Medical Malpractice Litigation in Japan,” 8 Washington University Global Studies Law Review, pp.257-284..
Masayuki Murayama, 2009 "Convergence from the Opposite Directions? -Characteristics of Japanese Divorce Law in a Comparative Perspective," in Harry N. Scheiber and Laurent Mayali (eds.), Japanese family law in comparative perspective, Robbins Collection, pp.61-98.
7. Compensation for Environmental Pollution Victims
Koichiro Fujikura, 2007, “Litigation, Administrative Relief, and Political Settlement for Pollution Victim Compensation: Minamata Mercury Poisoning after Fifty Years,” Daniel H. Foote (ed), Law in Japan: A Turning Point, University of Washington Press, pp.384-403.
Part III. Japanese Judiciary and Judicial Reform
1. Japanese Judiciary and Judicial independence
Frank K. Upham, 2005, “Review: Political Lackeys or Faithful Public Servants? Two Views of the Japanese Judiciary,” Law & Social Inquiry, Vol. 30, No. 2, pp. 421-455.
Measuring Judicial Independence: The Political Economy of Judging in Japan by J. Mark Ramseyer and Eric B. Rasmusen.
The Spirit of Japanese Law by John Owen Haley and The Japanese Judiciary: Maintaining Integrity, Autonomy, and the Public Trust by John Owen Haley
2. Judicial Reform and Legal Education
Annelise Riles and Takashi Uchida. “Reforming Knowledge-A Socio-Legal Critique of the Legal Education Reforms in Japan” Drexel L. Rev. Vol.1, 2009, pp.3-51.
(Additional Reference) Setsuo Miyazawa, “Successes, Failures, and Remaining Issues of the Justice System Reform in Japan: An Introduction to the Symposium Issue,” 36 Hastings International & Comparative Law Review, 2013, pp.313-347.
Course Prerequisites and Related Courses
|There is no precondition to take 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)
|Read the materials for each class in advance for preparation|
Notice for Students
|Enroll as a member of this course through NUCT by October 12, 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.
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.
Follow your instructor's directions if your instructor has any other directions.