JAPANESE LAW FROM A COMPARATIVE PERSPECTIVE II

概要

This course explores Japanese law in its social, cultural, economic and political contexts. You will develop the skill of comparative legal reasoning to determine how culture, politics, economics, social structures, institutional design and other variables impact on the operation of the Japanese legal system. This course serves multiple objectives. For those with an interest in Japan, you will develop a heightened appreciation for how Japan’s culture, economy, political institutions and social systems inform the law. For those with an interest in comparative law, you will learn how to make meaningful comparisons between and across legal systems. And for those with an interest in transnational legal practice, you will cultivate advanced transnational lawyering skills — by being able to spot issues, design solutions for and advise on cross-border issues.

目標

The objectives of the course are to: 1) Describe the core features of the Japanese legal system, its history and institutions; 2) Explain why Japanese litigation rates remain low compared to other industrialised democracies throughout the world; 3) Examine the extent to which the constitutional ideas of popular sovereignty, pacifism, human rights and judicial independence operate in reality in Japan; 4) Debate whether Japan's social systems are regulated to optimise social justice outcomes for women, children, the elderly, workers and other groups in society; and 5) Identify the legal opportunities and risks of transacting with Japanese business partners and investing in the Japanese market

授業外の学習

Before each class, students must prepare by reading the assigned learning materials (150 minutes) After each class, students should consolidate their notes; review the debates, problems and controversies raised during class discussions; and reflect on which of the various scholarly views discussed is most persuasive and why (40 minutes).

所要時間: 190 minutes