学部・大学院区分
Undergraduate / Graduate | | 法・博前 | | 時間割コード
Registration Code | | 2300051 | | 科目区分
Course Category | | 法学研究科開講科目
Courses Offered by the Graduate School of Law | | 科目名 【日本語】
Course Title | | （E）法社会学特殊研究Ⅰ | | 科目名 【英語】
Course Title | | (E)Special Studies in Legal Sociology Ⅰ | | 担当教員 【日本語】
Instructor | | 原田 綾子 ○ | | 担当教員 【英語】
Instructor | | HARADA Ayako ○ | | 単位数
Credits | | 2 | | 開講期・開講時間帯
Term / Day / Period | | 春 金曜日 ２時限
Spring Fri 2 | | 対象学年
Year | | １年
1 | | 授業形態
Course style | | 演習
Seminar | |
授業の目的 【日本語】
Goals of the Course(JPN) | | | | 授業の目的 【英語】
Goals of the Course | | This seminar provides students opportunities to learn and discuss the development of family and children’s law and policies in Japan. Students learn current family issues as well as functioning of the legal system for family relationships and problems under Japanese social context.
Each student picks one paper from the list (or more, according to the number of participants), prepare power point presentation. The presentation slides need to contain (1) summary of the paper: what is explained and discussed in the material and (2) several discussion points for class discussion.
Students must submit an after-presentation report according to the instruction privided at the class.
Students may also be required to submit final report according to the class size.
Students other than the reporter must read papers in advance and actively participate in discussion. All the students are expected to make at least one comment at every class.
Through such efforts students are expected to obtain basic knowledge and insights on the reality of the legal system. |
| | 到達目標 【日本語】
Objectives of the Course(JPN) | | | | 到達目標 【英語】
Objectives of the Course | | | Students develop analytic skills of legal sociology, exploring the field of family and children's law in Japan. |
| | 授業の内容や構成
Course Content / Plan | | The following is the tentative reading plan as of January 2023.
Different materials or topics maybe included in the final plan.
Class schedule and reading materials will be distributed through TACT before the class starts.
You need to be involved in TACT as members in order to access these materials BEFORE the first class. Let the lecturer know if you need help in accessing TACT system.
First Meeting: Orientation
-An article (or more) is assigned to each student for presentation.
Session 1 Overview of family law and family policy in Japan
(i) Harada, Ayako “Historical developments of Japanese family law and family policy,” International Survery of Family Law 2023 Edition, Intersentia, 2023.
.
(ii) Oda, Hiroshi (2021) “Family Law and Inheritance,” in Oda, Hiroshi, Japanese Law 4th edition, Oxford University Press, Chapter 10, 212-224. (Excluding inheritance part)
Session 2 "Heteronormative" family model and Koseki (family register) system
White, Linda E. (2014) “Challenging the heteronormative family in the koseki: Surname, legitimacy and unmarried mothers,” in Chapman, David, Karl Jakob Krogness (eds.) Japan’s Household Registration System and Citizenship: Koseki, Identification and Documentation, Routledge, 239-251.
Session 3 Shared surname for married couples
Ishida, Kyoko (2018) “Why does Surname Matter? Past, Present, and Future Prospect of Family Law from a Gender Perspective in Japan,” 18 Journal of Korean Law, 59-81.
Newspaper Article: Japan's top court says forcing couples to share surname is constitutional, The Japan Times, Jun 23, 2021.
Session 4 Transgender law and policy
Taniguchi, Hiroyuki (2013) “Japan's 2003 Gender Identity Disorder Act: The Sex Reassignment Surgery, No Marriage, and No Child Requirements as Perpetuations of Gender Norms in Japan,” 14 (2) Asian-Pacific Law & Policy Journal, 108-117.
Hartline, France Rose and Keiichiro Ishimaru (2021) “The struggle to belong: Trans and gender-diverse experiences in Japan and Norway,” in Masako Ishii-Kuntz, Guro Korsnes Kristensen, Priscilla Ringrose (eds.) Comparative Perspectives on Gender Equality in Japan and Norway 1st Edition, Routledge, 157-172.
Newspaper Article: Supreme Court hands down landmark decision on transgender rights, The Japan Times, Oct 25, 2023.
Session 5 Same-sex marriage
Upham, Frank K. (2020) “Same-Sex Marriage in Japan: Prospects for Change,” 15 Asian Journal of Comparative Law, 194-224.
Newspaper Article, Japan court rules same-sex marriage ban constitutional, but advocates hold out hope, The Japan Times, Nov. 30, 2022.
Session 6 Child Adoption
Hayes, Peter and Toshie Habu (2006) Adoption in Japan: Comparing Policies for Children in Need, Routledge, 2006, 1-30, (Chapters 1 and 2).
Harada, Ayako (2013) “Domestic and Intercountry Adoptions in Japan: is change from leissez-faire to strict regulation possible?” Ferrari, Isabella and Maria Donata Panforti (eds.) Parents and children in a narrowing world: issues on adoption, （Prospettive di diritto comparato / collana diretta da Maria Donata Panforti, 5）Mucchi Editore, 151-160.
Session 7 Divorce and child custody
Alexy, Alison, 2020, Intimate Disconnections: Divorce and the Romance of Independence in Contemporary Japan, University of Chicago Press, Part II, Legal Dissolutions, pp.83-132.
Harada, Ayako (2019), Family Reorganization in the Japanese Family Conciliation System: Resolving Divorce Disputes, 33 International Journal of Law, Policy, and the Family, 75-103.
Session 8 Surrogacy
Wolf, Trisha A. (2014) "Why Japan Should Legalize Surrogacy," 23 (2) Pacific Rim Law & Policy, 461-494.
Mackie, Vera (2013) “Genders and Genetics: The Legal and Medical Regulation of Family Forms in Contemporary Japan,” 14 (1) Australian Journal of Asian Law, 1-18.
Session 9 Avoidance of marriage/childbirth and shrinking population
Tsutsui, Junya (2020) "Work and Family in Japan from the Comparative Perspective," in Tsutsui, Junya, Work and Family in Japanese Society, Springer, 45-52.
Ochiai, Emiko, et al. (2012) "4 The Struggle Against Familialism," Global Variations in the Political and Social Economy of Care: Worlds Apart 8, 61-78.
Session 10 Domestic Violence
Yoshihama, M. (2017). Domestic Violence in Japan. In: Buzawa, E., Buzawa, C. (eds) Global Responses to Domestic Violence. Springer, Cham, 207-229.
Maekoya, C. (2019). Current Situation of Domestic Violence in Japan. In: Meier-Gräwe, U., Motozawa, M., Schad-Seifert, A. (eds) Family Life in Japan and Germany . Springer VS, Wiesbaden, 199-216.
Session 11 Child Abuse and Child Protection System
Tokunaga, Shoko, and others, 'A New Era for Child Protection in Japan', in Jill Duerr Berrick, Neil Gilbert, and Marit Skivenes (eds), Oxford Handbook of Child Protection Systems (2023; online edn, Oxford Academic, 22 Mar. 2023) 287-294.
Yuriko Yanagi, Kota Takaoka, How school staff hesitate to report child maltreatment in Japan: A process model of child protection, generated via grounded theory, Children and Youth Services Review, Volume 141, 2022,
Session 12 Juvenile Delinquency
Dawkins, M., Gibson, C. (2018). The Juvenile Justice System of Japan: An Overview. In: Liu, J., Miyazawa, S. (eds) Crime and Justice in Contemporary Japan. Springer Series on Asian Criminology and Criminal Justice Research. Springer, Cham, 321-331.
Ellis, T., Kyo, A., O’Neill, S.C. (2018). Japanese Juveniles in Transition. In: O’Neill, S. (eds) Incarcerated Youth Transitioning Back to the Community. Springer, Singapore., 131-147. |
| | 履修条件・関連する科目
Course Prerequisites and Related Courses | | | Recommendation: Japanese Law and Society /Sociology of Law Seminar A in Fall semester (before or after taking this course) |
| | 成績評価の方法と基準
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.
Passing criteria: Students must show ability to logically analyze and discuss law and social change in Japan effectively utilizing knowledge given in this course. |
| | 教科書・テキスト
Textbook | | | Instructions will be given in class |
| | 参考書
Reference Book | | | | 課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | Students must read the material before each class. |
| | 注意事項
Notice for Students | | Important Rule for Participants: No discrimination based on gender and sex
The Nagoya University Academic Charter assures “a culture of free and open-minded academic endeavor” and “contributing to the prosperity and happiness of all people through research and education in those fields studying human beings, society, and the natural world.” In line with this mission, Nagoya University believes that the University has a responsibility to maintain a campus on which the different circumstances of all students, faculty members, and staff members are respected. Nagoya University is also responsible for ensuring that members with different sexual orientation, gender identities and gender expressions, including LGBT+ (Lesbian, Gay, Bisexual, Transgender, and other sexualities), are respected. The university creates educational/research/work environments whereby LGBT+ constituents can fully utilize their abilities and actively engage in educational activities to foster greater understanding of diversity regarding sex and gender. (Nagoya University Missions and Guidelines for LGBT+ inclusive Practices)
Students attending this course must understand and comply this guideline.. |
| | 授業開講形態等
Lecture format, etc. | | | | 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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