学部・大学院区分
Undergraduate / Graduate | | 経済学部 | | 時間割コード
Registration Code | | 0412130 | | 科目区分
Course Category | | | | 科目名 【日本語】
Course Title | | 現代日本法Ⅰ（Ｅ） | | 科目名 【英語】
Course Title | | Contemporary Japanese Law I (E) | | コースナンバリングコード
Course Numbering Code | | | | 担当教員 【日本語】
Instructor | | MCGINTY Sean Michael ○ | | 担当教員 【英語】
Instructor | | MCGINTY Sean Michael ○ | | 担当教員所属【日本語】
instructor's belongs | | | | 担当教員所属【英語】
instructor's belongs | | | | 単位数
Credits | | 2 | | 配当年次
dividend Yearly | | ２年
2 | | 開講期・開講時間帯
Term / Day / Period | | 秋 月曜日 ３時限
Fall Mon 3 | | 対象学年（非表示）
Year | | | | 授業形態
Course style | | 講義
Lecture | |
授業の目的 【日本語】
Goals of the Course(JPN) | | | | 授業の目的 【英語】
Goals of the Course | | The purpose of this course is to provide an introduction to law in contemporary Japan. Rather than attempt to familiarize students with the substantive content of all of Japanese law, which would be well beyond the scope of a single course, this course is structured around a diverse group of topics which examine how legal rules and institutions operate within the country`s rapidly changing economic, social and political landscape. Each week we will examine a different question that has arisen as a result of such changes.
In doing so the course covers a relatively eclectic group of legal questions, ranging from whether or not there are enough lawyers in the country to whether or not the courts will enforce a contract that bans you from falling in love (yes, there are court decisions dealing with this question). Among the institutions examined will be the judiciary itself, the legal profession and its organization and the system of legal education (which, if you are taking this course, you are a part of). Among the substantive areas of law discussed will be tort law, family law, contract law, and the constitution among others.
The lectures each week will generally consist of two elements. First we will review the main pieces of legislation in the field being examined and some of the major rules contained in each. Then we will look at an issue which has arisen with regard to these laws which is currently being debated. This will largely be drawn from either recent court decisions or recent academic studies.
The course is designed with non-law students in mind, and is therefore accessible to those with no or little previous university-level experience in this field. Students are expected to read course materials in advance of the relevant lecture, and to engage in active discussion. Grading will be based on a mid term exam and a final exam. Students should check their e-mail and TACT regularly since the course instructor may send them additional materials. |
| | 到達目標 【日本語】
Objectives of the Course(JPN) | | | | 授業の内容や構成
Course Content / Plan | | Week 1 Introduction
Readings: None
Week 2 Civil Procedure
Readings:
Andrew M. Pardieck, Discovery in Japan 31 Indiana International and Comparative Law Review (2021)
Supreme Court of Japan, Outline of Civil Procedure in Japan (2020)
Week 3 The Legal Profession and Legal Education
Readings:
Japan Federation of Bar Associations White Paper on Attorneys (2024)
Andrew Watson, Changes in Japanese Legal Education 21 Journal of Japanese Law 1 (2016)
Dan Rosen, Japan's Law School System: The Sorrow and the Pity 66 Journal of Legal Education 267 (2017)
Stacey Steele, Japan’s National Bar Examination: Results from 2015 and Impact of the Preliminary Qualifying Examination 41 Journal of Japanese Law 55 (2016)
Week 4 Constitutional Rights 1
Week 5 Constitutional Rights 2
Readings:
Sean McGinty, Rights and Duties of the People in Colin Jones (ed), The Annotated Constitution of Japan (MHM, 2023).
David S. Law, The Anatomy of a Conservative Court: Judicial Review in Japan 87 Texas Law Review 1545 (2009)
Sean McGinty, Japan: High Court Decisions on Same Sex Marriage ALIN Legislative News (2025)
Supreme Court of Japan judgments of:
July 5, 1995
September 4, 2013
December 16, 2015
Week 6 Criminal Procedure
Readings:
Supreme Court of Japan, Outline of Criminal Justice in Japan (2019)
Japan Federation of Bar Associations, Opinion Calling for the Elimination of the Hostage Justice System (2020)
Week 7 Environmental Law
Readings:
Frank K. Upham, Litigation and Moral Consciousness in Japan: An Interpretive Analysis of Four Japanese Pollution Suits 10 Law and Society Review 579 (1976)
Eric A. Feldman, Compensating the Victims of Japan’s 3-11 Fukushima Disaster 16 Asian-Pacific Law & Policy Journal 127 (2015)
Week 8 Immigration and Nationality Law
Readings:
Atsushi Yamagata, A Critical Analysis of Japan's Decision to Accept Ukrainians Following the Russian Invasion of 2022, Refugee Survey Quarterly 1 (2023)
Immigration Services Agency of Japan, Immigration Control and Residency Management (2025)
Week 9 Mid Term Exam
Week 10 Family Law
Readings:
Supreme Court judgments of March 18, 2011; September 2, 1987
Week 11 Tort Law
Readings:
Mark D. West, Haley and the Blowfish, 8 Washington University Global Studies Law Review 427 (2009)
Ruben E. Rodriguez Samudio, The Price of a Tweet 53 Journal of Japanese Law 71 (2022)
Supreme Court Judgment of March 1, 2016
Week 12 Contract Law
Readings:
Ichiro Kobayashi, Understanding Japanese Contract Law, 57 Journal of Japanese Law 41 (2024)
Sean McGinty, Forbidden Love in Japanese Courts: Translation of the Tokyo District Court’s Ruling
in the “no dating clause” Case (2016).
Week 13 Employment Law
Readings:
Časlav Pejović, Changes in Long-term Employment and Their Impact on the Japanese Economic Model: Challenges and Dilemmas 37 Journal of Japanese Law 51 (2014)
Week 14 Small Issues in Japanese Law
Readings:
TBA
Week 15 Review |
| | 履修条件・関連する科目
Course Prerequisites and Related Courses | | | There are no prerequisites. |
| | 成績評価の方法と基準
Course Evaluation Method and Criteria | | Mid Term Exam: 50%
Final Exam 50%
The final grade will be a letter grade. In order to pass the course students must achieve a passing grade on both the Mid Term and the Final exam. |
| | 教科書・参考書
Textbook/Reference Book | | | There is no textbook for this course. Each week's readings will be distributed via the course's TACT page in the "Resources" tab. |
| | 課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | Students are expected to do the readings assigned for each class beforehand and come prepared to discuss them in class. The classes are lecture style but the instructor encourages student participation. |
| | 注意事項
Notice for Students | | | I try to make this an enjoyable and interesting class and I hope you will get a lot out of the course. |
| | 授業開講形態等
Lecture format, etc. | | | The course is lecture style, though Professor McGinty encourages students to ask questions and will create time for discussion within class on the topics being discussed. |
| | 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) | | | | 質問への対応方法
Office hour | | | |
|