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 2025.
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.
Development of Policy and Law on Family in Japan
1-1. Harada, Ayako, “Historical Development of Japanese Family Law and Family Policy, International Survey of Family Law 2023 Edition (2023) 151-164.
Additional Reference (not for the presentation, but reading is recommended):
Article 1-2. Isono, Fujiko ”The Evolution of Modern Family Law in Japan,” International Journal of Law and the Family 2, (1988) 183-202.
Legitimacy of Family Relationships and Koseki System
Article 2-1. 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.
Additional Reference (not for the presentation, but reading is recommended):
Article 2-2. Miyamoto Yuki, Ninomiya Shuhei, and Shin Ki-young, “The Family, Koseki, and the Individual: Japanese and Korean Experiences,” The Asia-Pacific Journal Vol 9, Issue 36 No 1, September 5, 2011.
Family Surname and Gender Equality
Article 3-1. 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.
Additional Reference (not for the presentation, but reading is recommended):
Article 3-2. Newspaper Article: Japan's top court says forcing couples to share surname is constitutional, The Japan Times, Jun 23, 2021.
Legal Treatment of Transgender Individuals
Article 4-1. 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.
Article 4-2. 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.
Additional Reference (not for the presentation, but reading is recommended):
4-3. Newspaper Article: Supreme Court hands down landmark decision on transgender rights Law requiring sterilization surgery to change legal gender 'unconstitutional,' The Japan Times, Oct 25, 2023.
Same Sex Marriage
Article 5-1. Upham, Frank K. (2020) “Same-Sex Marriage in Japan: Prospects for Change,” 15 Asian Journal of Comparative Law, 194-224.
Additional Reference (not for the presentation, but reading is recommended):
5-2. Newspaper Article, Japan court rules same-sex marriage ban constitutional, but advocates hold out hope, The Japan Times, Nov. 30, 2022.
Adoption of Children
6-1. Hayes, Peter and Toshie Habu (2006) Adoption in Japan: Comparing Policies for Children in Need, Routledge, 2006, 1-30, (Chapters 1 and 2).
Additional Reference (not for the presentation, but reading is necessary):
6-2. 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, Mucchi Editore, 151-160.
Divorce and Child Custody in Japan
7-1. 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.
Additional Reference (not for the presentation, but reading is necessary):
7-２. 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.
Surrogacy
Article 8-1. Wolf, Trisha A. (2014) "Why Japan Should Legalize Surrogacy," 23 (2) Pacific Rim Law & Policy, 461-494.
Additional Reference (not for the presentation, but reading is necessary):
8-2. 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.
Avoidance of marriage/childbirth and shrinking population
9-1. Tsutsui, Junya (2020) "Work and Family in Japan from the Comparative Perspective," in Tsutsui, Junya, Work and Family in Japanese Society, Springer, 45-52.
9-2. 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.
Domestic Violence
10-1. 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.
10-2. Newspaper Article, Editorial: As Japan updates domestic violence prevention law, more work needed to end abuse, The Mainichi, Japan, July 4, 2023.
Child Abuse and Child Protection System
11-1. Harada, Ayako （2010）, “The Japanese Child Protection System: Developments in the Laws and the Issues Left Unsolved,” International Survey of Family Law 2010 Edition (edited by Bill Atkin) , 217-235.
11-2. Harada, Ayako （2013） “Children in Need of Permanent Families: The Current Status and Future Directions for the Japanese Foster Care System,” Illinois Child Welfare, 6(1), 14-29.
Juvenile Delinquency
12-1. Ellis, Tom and Kyo Akira, (2027) “Youth Justice in Japan,” Oxford Handbook Topics in Criminology and Criminal Justice, Oxford University Press.
Additional Reference (not for the presentation, but reading is necessary):
12-2. Newspaper Article: Japan’s revised Juvenile Law Takes effect as age of adulthood lowered to 18, the Japan Times, Mar 31, 2022.
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| | 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. |
| | 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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