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 foundational course is designed to give participants an understanding of the law and its institutions within a development context, as well as how to implement legal regulations for development. It offers insights into the relationship between the legal system and socio-economic-political development, the ideal legal system for socio-economic development, the mechanism of legal development, and the differences between the legal systems and practices of developing and developed societies.
The course is divided into five units:
1. The first unit serves as an introduction.
2. The second unit delves into the basic concepts of development and law, exploring various understandings of development and the nature of law from multiple perspectives.
3. The third unit reviews the history of law and development research and practice, in relation to development paradigms.
4. The fourth unit discusses theories of the relationship between law and development. It focuses on the institutionalist theory, the predominant theory in recent law and development studies. This unit also explores different understandings of what an institution is and how it functions, studying the market-friendly law approach, access to justice approach, legal transplant theory, and legal culture theory.
5. The fifth unit involves a case study where we examine various practices of legal development projects in developing countries. |
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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;
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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
Unit 1: Introduction
1. Introduction: Explaining the purpose of the course
Unit 2: Basic concepts of law and development
1. Definition of law and the functions of law
2. Definition of Development: Discussing different concepts of development and different functions of law in achieving development
3. The rule of law
Unit 3: History of law and development
1. History of law and development: Classical idea of law and development, Max Weber
2. History of law and development: Law and development in 1960s
3. History of law and development: Law and development in the post-Cold War
Unit 4: Theories of law and development
1. Institutionalist theory: North
2. Human rights as development: access to justice etc.
3. Legal transplant theory
4. Legal culture theory
Unit 5: Case study
1. East Asian experience
2. Land dispute: Movie
3. Law in disaster recovery: Movie
4. Closing |
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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 | | No specific textbooks are assigned for this class. However, the following books can be useful for understanding law and development.
Michael J. Trebilcock and Mariana Mota Prado edd., Advanced introduction to law and development, Edward Elgar, 2014.
Amanda Perry-Kessaris ed., Law in the Pursuit of Development: Principles into Practice?, Routledge, 2010.
David K. Linnan, Legitimacy, Legal Development and Change: Law and Modernization Reconsidered, Routledge, 2012.
Kenneth W. Dam, The Law-Growth Nexus: The Rule of Law and Economic Development, Rowman & Littlefield, 2007.
Ann Seidman, Rober Seidman, and Nalin Abeyesekere, Legislative Drafting for Democratic Social Change: A Manual for Drafters, Kluwer Law, 2001.
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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