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 | | As a basic subject, by taking this course, participants are expected to understand the outline of law and institution in the context of development, as well as how to implement legal regulations for the development.
Through this course, students should understand: what is the relationship between the legal system and socio-economic-political development; what legal system is desirable for socio-economic development; what is the mechanism of legal development; what is a difference of legal system and practice between developing society and developed society.
In the first part of the lecture, the lecture will discuss theoretical aspects of the law and development, including economic theory, legal theory, and cultural theory. The focus of this course is not limited to the law in narrow definitions such as legislation, regulation, or judgment. The discussion also covers various forms of government mechanisms, public administration, and political regimes. Furthermore, informal law (such as religious or customary norms and institutions) has a significant impact on development. Thus, the course also discusses the relationship between development and informal institutions.
In the second part, this lecture will try conducting practical lessons, namely, learning legislation. In implementing a development project, legislation plays a significant role by changing peoples behavior (imposing sanctions), legitimating resource allocation (e.g., allowing a government to allocate budget to a particular area), giving guidelines (showing what is an expected goal), or maintaining social order (solving disputes in a peaceful way).
In this lecture, we will make a draft bill to achieve a development goal (the issue will be discussed in the class). Legal drafting includes goal setting, making legal research on facts, determining ways of the regulation (punishment or incentive), constructing a consistent structure of rules, and so on. Students are expected to participate actively in the class and preparation work. |
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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 | | Participants can:
obtain essential knowledge about the development that is necessary to understand the relationship between law and development;
acquire the essential skill to apply the institutional theory in studying own research topic;
obtain knowledge on the importance of legislation and legal policy in the development and basic skills in legislative drafting. |
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授業の内容や構成
Course Content / Plan | | Structure of the Course / Schedule授業の構成・計画
Part I:
1. Introduction
2. What does "development" mean and how to measure development? : definition and determinants of development
3. What is law?: Sharing working definition of law by comparing formal and informal norms.
4. Theories of law and development (1): Economic theory of law and development
5. Theories of law and development (2): Other theories of law and development
6. Legal technical assistance: Foreign aid for institutional reform
7. Challenges for the rule of law reform: Corruption as a case study
Part II:
8. Discussion about development goals in each society.
9. Role of legislators in development
10. Researching legislative facts
11. Determining the contents of a legislation
12. Legislative writing: words, sentences, and references
13. Discussion and presentation (1)
14. Discussion and presentation (2)
15. Wrapping-up |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | | There is no precondition to take this course. Basic knowledge of law (undergraduate level) is preferable but not mandatory to participate this course. |
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成績評価の方法と基準
Course Evaluation Method and Criteria | | Mid-term assingment 40%, End-term assingment (or presentation) 40%, Contribution to class 20%.
Credit is given to C- or C (where applicable) or higher grade for each criterion. |
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教科書・参考書
Textbook/Reference Book | | Textbook:
Ann Seidman, Rober Seidman, and Nalin Abeyesekere, Legislative Drafting for Democratic Social Change: A Manual for Drafters, Kluwer Law, 2001.
Michael J. Trebilcock and Mariana Mota Prado edd., Advanced introduction to law and development, Edward Elgar, 2014.
Both books are available at the GSID library
Reference:
The teacher will instruct reading materials for each class. |
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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) | | The teacher will instruct reading materials for each class. Students should read the relevant chapter of the textbook and the reading materials before each class.
Participants will have to work outside of class time to prepare a draft bill, which will be discussed in the class. |
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注意事項
Notice for Students | | |
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使用言語
Language(s) for Instruction & Discussion | | |
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授業開講形態等
Lecture format, etc. | | 対面で実施します。
Classes will be held in-person. |
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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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