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 provide participants with a comprehensive understanding of the interplay between law and development. It examines the role of legal institutions in a development context, the implementation of legal regulations for fostering development, and the impact of legal systems on socio-economic and political progress.
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 will gain insights into the following:
- The relationship between legal systems and socio-economic-political development.
- Characteristics of an ideal legal system for socio-economic development.
- Mechanisms of legal development.
- Distinctions between legal systems and practices in developing and developed societies.
By the end of the course, participants will be able to:
- Demonstrate essential knowledge of development to analyze the relationship between law and development.
- Apply institutional theory and other relevant frameworks to their research topics effectively. |
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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. Course Overview: Explaining the purpose, scope, and objectives of the course.
Unit 2: Basic Concepts of Law and Development
1. Definition and Functions of Law.
2. Definitions of Development: Exploring various concepts of development and the role of law in achieving them.
3. The Rule of Law: Principles, applications, and significance in development.
Unit 3: History of Law and Development
1. Classical Theories: Max Weber and foundational ideas on law and development.
2. Law and Development in the 1960s: Emergence of the field and its evolution.
3. Post-Cold War Perspectives: Changes and challenges.
Unit 4: Theories of Law and Development
1. Institutional Theory: Contributions of Douglass North and institutional frameworks.
2. Human Rights as Development: Access to justice, and legal empowerment.
3. Legal Transplant Theory: Mechanisms and challenges of transferring laws between countries.
4. Legal Culture Theory: Influence of cultural factors on legal systems and practices.
Unit 5: Case Studies
1. The East Asian Experience: Legal reforms and their impact on development.
2. Land Disputes: Analysis and discussion based on selected film material.
3. Law in Disaster Recovery: Insights from case studies presented through film.
Course Conclusion: Summary, reflections, and final discussions. |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | No specific prerequisites are required for this course.
Basic knowledge of law (undergraduate level) is preferable but not mandatory. |
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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, Advanced introduction to law and development, Edward Elgar, 2014.
Michael J. Trebilcock and Mariana Mota Prado, What Makes Poor Countries Poor?: Institutional Determinants of Development, Edward Elgar, 2011.
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) | | | Students will receive reading materials for each class and are expected to review the assigned chapters or articles before 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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