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 very diverse legal systems originating from both socialist and capitalist backgrounds. While not limited to law, this course also aims to develop students' foundation for critical historical and political issues in Asia. |
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到達目標 【日本語】
Objectives of the Course(JPN) | | |
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到達目標 【英語】
Objectives of the Course | | | By the end of the course, students should be equipped with (1) a better understanding of how Asian regional jurisdictions design the systems to create good governance of power and society through law; (2) skills to analyze up-to-date information about law and politics in various Asian countries; (3) adequate understanding of legal and political processes occurring in Asian regional and subregional contexts through the multiple prisms of society, history, politics, and law. |
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授業の内容や構成
Course Content / Plan | | The layout of the course
1) Introduction. Where does Asia start, and where does it end? Is Asia worth comparison? (Challenges, diversity, and perspectives of Asia);
2) What colonial heritage do we find in Asia while we deal with Asian legal systems?
(Colonialism and its positive and negative influences on colonized nations in Asia);
3) What is socialism's main story, and why do we need to bear it in mind while dealing with Asia? (Anti-colonialism, classic Marxism, and its historical variations);
4) Is socialist law really dead?
(Democratic centrism, legal positivism, and sources of law);
5) What is the de-ideologization of legal systems in post-socialist Asia about?
(Transition from socialism to market economy, the rule of law);
6) What are the post-Cold war philosophies of legal assistance in Asia?
(Failure of the law and development, new actors of legal assistance/cooperation);
7) What do Asian authoritarian constitutions appeal to?
(The concepts of constitutional dictatorship, identity, and façade constitutions);
8) Citizens' rights and human rights, are they different?
(The concepts of legal positivism, universal human rights, and 'Asian values');
9) What is an effective and nominal judiciary?
(Judicialization of politics and politicization of judiciary);
10) What do Asian legal systems say with regard to legal pluralism?
(Black letter law, indigenous law, re-traditionalization in Asia);
11) ASEAN - what makes it different from other regional frameworks?
(Human rights conventions and protection frameworks);
12) Conclusive lecture. What do we see when we look at the legal transformation in Asia?
13) Students' presentations;
14) Students' presentations;
15) Term paperwork; |
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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 evaluate each student carefully based on the performance, with specific attention to the quality of answers to questions and critical reflections on the course discussions. A passing grade will be given based on attendance and 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・テキスト
Textbook | | | 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 research databases. |
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参考書
Reference Book | | | The instructor will, whenever necessary, support students concerning the provision of study materials (slides or printouts) beforehand. |
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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 students to search 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 a prior e-mail appointment via ismatov@law.nagoya-u.ac.jp. |
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授業開講形態等
Lecture format, etc. | | | Active learning class, Socratic method |
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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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