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 course aims to impart the basic knowledge required to apply the comparative method in the field of family law by exploring and analyzing its use throughout the history of modern Japanese family law. |
|
|
到達目標 【日本語】
Objectives of the Course(JPN) | | |
|
到達目標 【英語】
Objectives of the Course | | | Students are expected to understand the basic structure of Japanese family law and acquire the basic knowledge required to critically apply the comparative method to the family laws of their own countries. |
|
|
授業の内容や構成
Course Content / Plan | | "1
Introduction
Overview of the course: introduction to the basics of Japanese family law and the comparative method in Japanese family law.
Self-introductions.
2
Japanese family law from a comparative perspective
Part 1
Names, surnames, family registration, gender, and age of majority.
3
Japanese family law from a comparative perspective
Part 2
Dating, sex outside of marriage, engagement and common-law marriage.
Formation of marriage: requirements, impediments, and notification.
4
Japanese family law from a comparative perspective
Part 3
Legal consequences of marriage: marital rights and duties, matrimonial property, and presumption of paternity.
5
Japanese family law from a comparative perspective
Part 4
Termination of marriage: nullity, annulment and divorce.
Divorce laws: consensual divorce and judicial divorce, role of fault in judicial divorce.
6
Japanese family law from a comparative perspective
Part 5
Balancing biological connection and intention to determine legal parenthood: “real” parenthood and adoption laws.
7
Japanese family law from a comparative perspective
Part 6
Parental authority and custody, joint custody after divorce, and child support.
8
Japanese family law from a comparative perspective
Part 7
Basic structure of succession in Japan. Freedom of testation and its limits. Inheritance rights of the spouse and matrimonial property.
9
Development of comparative family law in Japan
Part 1
Comparative family law in the Meiji Era: from the making of the Boissonade Code to the Civil Code Controversy and the Meiji Civil Code.
10
Development of comparative family law in Japan
Part 2
Zennosuke Nakagawa’s sociological approach and the quasi-marriage doctrine.
The new constitution, the abolition of the Ie-system and its impact on the use of the comparative method in Japanese family law.
11
Development of comparative family law in Japan
Part 3
Exposing the idiosyncrasies of Japanese family law: changing views on the quasi-marriage doctrine and divorce laws.
12
Development of comparative family law in Japan
Part 4
Comparative family law in the legislative and judicial branches of government.
Globalization and the broadening horizons of comparative family law.
13
Comparative family law in other countries.
Presentations on the role of comparative family law in the student’s home country and overview of that family law from a comparative perspective.
14
Comparative family law in other countries.
Presentations on the role of comparative family law in the student’s home country and overview of that family law from a comparative perspective.
15
General issues of comparative family law: conflicting cultures, human rights, and diversity. Future of family laws from a comparative perspective." |
|
|
履修条件・関連する科目
Course Prerequisites and Related Courses | | | Students are expected to have basic legal knowledge and show interest in doing the research required to share information on the family laws of their home countries. |
|
|
成績評価の方法と基準
Course Evaluation Method and Criteria | | | Presentation on the role of comparative family law in the student’s home country and overview of the family law in the student’s home country from a comparative perspective. Presentations will be given in the last day (February 15) in the afternoon so that students have enough time to make the required adjustments in their presentations in the morning. Notice, however, that students should do the research required to give their presentations before the course starts otherwise they will not have enough time to prepare. |
|
|
教科書・テキスト
Textbook | | | Handouts and materials will be distributed at the beginning of the course. |
|
|
参考書
Reference Book | | "Minamikata, Satoshi (2017). Family and succession law in Japan, 2nd edition, Kluwer Law International. ISBN: 9789041194732
Gordon, Beate Sirota (2014). The only woman in the room: a memoir of Japan, human rights, and the arts. University of Chicago Press.
Hozumi, Nobushige (1912). Lectures on the new Japanese civil code, Maruzen Kabushiki-Kaisha. Available at: http://digital.library.yale.edu/digital/collection/rebooks/id/130988
Bradley, David (2014), ""Family Law""; in Smits, M. Jan (ed), Elgar Encyclopedia of Comparative Law, 2nd edition, Edward Elgar Publishing." |
|
|
課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | Since this is an intensive course, students will not have enough time to prepare during the course. Therefore, students are expected to prepare in advance by a) taking at least a quick look at the reference books and papers mentioned in the syllabus; b) researching about the use of the comparative method in the field of family law in their home countries; c) doing the research required to introduce the family law of their home countries from a comparative perspective. |
|
|
注意事項
Notice for Students | | |
|
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) | | |
|