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2017 246 Special Lecture and Seminar (Japanese Legal System)

 

[Lecture Course Basic Information]

Lecturer: MATSUO Yoh
Other Lecturers:
Course Type: Lecture
Semester: 1
Year: M1&M2
Course Periods: Tue 10:30 to 12:00
Credits: 2
Whether mandatory or not:
Classroom: Seminar Room 905

 

Outline of Lecture Course

In this lecture I will try to give the basic understanding and knowledge on Japanese legal system to the international students who are not familiar with it.  To do so, I will take up not only it directly, but also some non-legal contexts around it, such as historical, cultural, economic , and political contexts.

Japanese legal system has been influenced by for western legal systems since Meiji Restoration (of course, there was Chinese influence before it, but this influence will be left out in this lecture).  Some foreign legal systems function well in Japanese legal system but others not.  To find conditions of well function, I will take up ‘dispute resolution’ controversy.
Course Objectives

First thing that students attending lectures should do is to get the basic understanding and knowledge on Japanese legal system. These are a prerequisite for studying Japanese legal system in professional manner.

Second thing that I and you should do is to think about what Japanese legal system is like and about why it function well (or malfunction). To think in this manner is promote your reliable judgement about Japanese legal system.
Textbooks

Outline will be distributed each lecture

Some articles will be distributed for preparation.
Course Materials/Supplementaries

Daniel Foote (ed.), Law in Japan: A Turning Point (University of Washington Press, 2007)

Andrew Gordon, A Modern History of Japan: From Tokugawa to the Present (Oxford University Press, 2012)

Oda Hiroshi, Japanese Law 3rd edition (Oxford University Press, 2009)

Curtis J. Milhaupt, J. Mark Ramseyer, and Michael K. Young, Japanese Law in Context: Readings in Society, the Economy, and Politics (Harvard University Asian Center, 2001)

Assessment

Your grade for the course will be calculated using the following formula:

 Short Paper in each lecture 30 %

 Final Report  70 %
Prerequisites None.
Other Notes This lecture will be jointly held with the G30 Program in the School of Law.


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[Subject: Special Lecture and Seminar]

 

 

 

Theme

Contents

Study Guide

1.      

Introduction/ The History of Modern Japanese Law (1) Before the Period of Modernisation

(1)   Introduction to this lecture

(2)   The Problem of the Modernisation

(3)   Before the Period of Modernisation

Tokugawa Polity, Japan and Chinese Influence. Four division of society(士農工商),

Oda 2009, ch.1

2.      

History of Modern Japanese Law  (2) Meiji Restoration

(4)   The Meiji Restoration(明治維新).

(5)   Civil Law/ Common Law Tradition

(6)   Government Structure and Meiji Constitution (Imperial Constitution)

(7)   Brief Explanation about the History of reception of the Foreign Law and its theory in Japan.

Oda 2009, ch.1

3.      

History of Modern Japanese Law (3) The Post-War Era

(8)   The situation of post-war era.

(9)   Five Major Reforms ordered by the Allied Forces(五大改革指令)

(10)             Government Structure and New Constitution

(11)             1940 System and 1955 System.

Oda 2009, ch.1

4.      

Justice System Reform since late 1990’s

(1)   The situation of 90’s in Japan

(2)   What is ‘Justice System Reform’?

(3)   After the Reform

Oda 2009, sec 3 of ch.1

Kohei Nakabo(translated by Yohei Suda), ‘Judicial Reform and the State of Japan’s Attorney System: A Discussion of Attorney Reform Issues and the Future of the Judiciary,’ Pacific Rim Law & Policy Journal, vol. 10, No.3, 623 (2001).

5.      

Sources of Law in Japan and Regulatory Process(1)

(1)   Formal Explanation

(2)   Problem(1): Who makes statutory laws?

(3)   Problem(2): Are Statutory laws Important? Delegated Legislation

Oda 2009, ch. 2

Foote (ed.) 2007, ch. 7

 

6.      

Sources of Law in Japan and Regulatory Process(2)

(4)   Problem(3): Are there realms outside the law? : Administrative Guidance

(5)   Summary: Who rules in Japan?

Oda 2009, ch. 2

Foote (ed.) 2007

7.      

The Administration of Justice

(1)   Historical background

(2)   The Court System

(3)   Some Problems about the Court System in Japan: its lengthy delays

Foote (ed.) 2007, ch.4

8.      

Legal Education

(1)   Meaning of the Hõsõ(法曹)

(2)   The Nationak Legal Examination

(3)   Education and Training before Justice System Reform and their Problems

(4)   Education and Training after Justice System Reform

Oda 2009, ch. 4

Oda 2009, sec 3 of ch.1

Foote (ed.) 2007, ch. 8

9.      

Judges

(1)   Judges (1): Power and Competence

(2)   Judges (2): Career Paths

(3)   Judges (3): Supreme Court Justice, comparison with American System

Foote (ed.) 2007, ch. 5

10.   

Public Prosecutors

(1)   Power and Competence

(2)   Career Paths

(3)   Problems

Foote (ed.) 2007, ch. 15

11.   

Attorneys

(1)   Power and Competence

(2)   Career Paths?

(3)   The Transition of the spirits?

Foote (ed.) 2007, ch. 6

12.   

Dispute Resolution (1)

(1)   Overview about this theme

From New York Times’ Article

(2)   Kawashima’s Theory

(3)   Culturalist Approaches

Foote (ed.) 2007, ch. 7

13.   

Dispute Resolution (2)

(1)   Institutionalist Approaches

(2)   Defects?

(3)   High Predictablity?

Feldman 2007

14.   

Dispute Resolution (3)

Case of Environmental Pollution

 

15.   

Summary

 

 

 

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