Undergraduate / Graduate
|Legal Cultures (E)|
|COLOMBO Giorgio Fabio ○|
|COLOMBO Giorgio Fabio ○|
Term / Day / Period
|秋 火曜日 ３時限|
Fall Tue 3
Goals of the Course(JPN)
Goals of the Course
|This course is aimed to look at legal issues from a cross-cultural, comparative and pluralistic perspective. The course will comprise both a theoretical explanation of the field and its historical evolution, but will largely focus on contemporary and highly debated themes like legal pluralism, dispute resolution and access to justice, human rights, cultural defense. Notions like “law”, “justice”, “sanction”, etc. will be analyzed in context, to show students that the idea of law as merely legal order imposed from the State could be limiting if not misleading. Most of the course will be centered about instructor-administered debates among students.|
Objectives of the Course(JPN)
Objectives of the Course
|The class is designed to provide students with the knowledge and tools to understand contemporary legal problems in a multi-layered and culturally sensitive way. The course will begin by a theoretical introduction of the field, teaching basic conceptual notions and providing the students with the elementary methodological tools. Then, based upon a selection of readings, the course intends to help students develop argumentation skills. As students of law and political sciences, students should be able to discuss various topics (human rights, respect of cultures, etc.) under a technical perspective, using legal reasoning and being able to argument objectively. |
Course Content / Plan
Course intro/syllabus explanation/Q&A
Key concepts, basic theoretical framework
Legal Pluralism, Legal Transplants, Legal Ethnology
Suggested reading: B. Malinowski, Crime and Custom in Savage Society, Kegan Paul, 1926, pp. 100-105.
Legal Pluralism, Legal Transplants, Legal Ethnology (2)
Social Rules, Legal Rules, Religious Rules
Suggested reading: F. Pirie, “Secular Morality, Village Law, and Buddhism in Tibetan Societies” in The Journal of the Royal Anthropological Institute, 12, 1, 2006, pp. 173-190.
Legal Sanctions, Social Sanctions
Suggested reading: R.A. Scott, “Deviance, Sanctions, and Social Integration in Small-Scale Societies” in Social Forces, 54, 3, 1976, pp. 604-620
Dispute Resolution in Action
M. Galanter, J. Krishnan, “Bread for the Poor: access to Justice and the Rights of the Needy in India”, in Hastings Law Journal, 55, 4, 2004, pp. 789-834.
J. Mark Ramseyer, “Ono v. Sako: Kyōgen and Litigation in Medieval Japan”, in Law in Japan, 25, 135, pp. 135-140.
The State as Educator (I)
Suggested reading: L. Cohen, “Where It Hurts: Indian Material for an Ethics of Organ Transplantation”, in Daedalus, 128, 4, pp. 135-165.
Human Rights, “Asian Values”
H. Samuels, “Hong Kong on Women, Asian Values, and the Law”, in Human Rights Quarterly, 21, 3, 1999, pp. 707-734.
N.A. Englehart, “Rights and Culture in the Asian Values Argument: The Rise and Fall of Confucian Ethics in Singapore” in Human Rights Quarterly, 22, 2, 2000, pp. 548-568.
Different perspectives on Financial Law
Suggested reading:  EWCA Civ 19 Beximco vs. Shamil
Law and the Internet
The State as Educator (II)
Suggested reading: Supreme Court of USA, Brown v. Entertainment Merchant Association, 08–1448, pp. 1-18.
Cultural Defense (I)
Suggested reading: A. Phillips, “When Culture Means Gender: Issues of Cultural Defence in the English Courts” in The Modern Law Review, 66, 4, 2003, pp. 510-531.
Course Prerequisites and Related Courses
|There is no precondition to take this course|
Course Evaluation Method and Criteria
|Individual presentation (40%) and Contribution to the debate (60%)
Pass: Credit is given for C
To receive a passing grade, students must demonstrate the ability to make logical analysis and arguments about legal issues based on knowledge and experience gained through the class
|Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Lessons will be based on specifically created PowerPoint presentations. Also, copies of some relevant readings will be distributed to students on a regular basis, via the online syllabus system.|
|Also, copies of some relevant readings will be distributed to students on a regular basis, via the online syllabus system.|
Study Load(Self-directed Learning Outside Course Hours)
|Students should read the assigned materials when needed.
In case of absence, please contact the instructor to get class notes.
Notice for Students
|Mandatory attendance is required. Students failing to attend at least 70% of the classes will automatically fail.|
Lecture format, etc.
*Guidance will be posted on NUCT if there are any changes in the class format, etc. after registration.
Additional measures for remote class (on-demand class)