2017 250 Japanese law and society
[Lecture Course Basic Information]
|Course Periods:||Thu 3|
|Whether mandatory or not:|
|Outline of Lecture Course||
This seminar provides students opportunities to learn and discuss the actual functioning of Japanese law and legal system in its social context.
|Course Objectives||Each student picks one topic or more, according to the number of participants, prepares handout that briefly describes what is argued in the material and his or her own opinion, and presents it for class discussion. Students other than the presenter must read materials in advance and actively participate in discussion. Through such efforts, students are expected to obtain basic knowledge and insights on the reality of the Japanese legal system.|
Discussion Topics and Reading Materials
I . Reluctant Litigants? Legacy of Kawashima’s Theory on Japanese non-litigiousness
①Takeyoshi Kawashima, “Dispute Resolution in Contemporary Japan,” Arthur von Mehren (ed.), Law in Japan: The Legal Order in a Changing Society, Harvard University Press, 1963, pp.41-72.
②John Owen Haley, “The Myth of the Reluctant Litigant,” Journal of Japanese Studies Vol.4, No.2 (1978), pp. 359-390.
③Takao Tanase, “The Management of Disputes: Automobile Accident Compensation in Japan,” Law and Society Review, Vol. 24, No. 3 (1990), pp.651-692.
④Mark D. West, “The Resolution of Karaoke Disputes: The Calculus of Institutions and Social Capital,” Journal of Japanese Studies, Vol. 28, No. 2 (1995) pp. 301-337. .
⑤Luke Nottage and Yoshitaka Wada, “Japan’s New Product Liability ADR Centers: Bureaucratic, Industry, or Consumer Informalism?” Zeitschrift für Japanisches Recht, Nr. 6 (1998), pp. 40-81.
⑥Eric Feldman, “Law, Society, and Medical Malpractice Litigation in Japan,” 8 Washington University Global Studies Law Review, 2006, pp.257-284.
⑦Masayuki Murayama, “Does a Lawyer Make a Difference? Effects of a Lawyer on Mediation Outcome in Japan,” 13 International Journal of Law, Policy and the Family, 1999, pp. 52-77.
⑧Koichiro Fujikura, “Litigation, Administrative Relief, and Political Settlement for Pollution Victim Compensation: Minamata Mercury Poisoning after Fifty Years,” Daniel H. Foote (ed), Law in Japan: A Turning Point, University of Washington Press, 2007, pp.384-403.
⑨Robert L. Kidder and Setsuo Miyazawa, “Long-Term Strategies in Japanese Environmental Litigation,” Law & Social Inquiry, Vol. 18, No. 4, 1993, pp. 605-627.
III. Japanese Judiciary and Judicial Reform
⑩Frank K. Upham, “Review: Political Lackeys or Faithful Public Servants? Two Views of the Japanese Judiciary,” Law & Social Inquiry, Vol. 30, No. 2, 2005, pp. 421-455.
Measuring Judicial Independence: The Political Economy of Judging in Japan by J. Mark Ramseyer and Eric B. Rasmusen.
The Spirit of Japanese Law by John Owen Haley and The Japanese Judiciary: Maintaining Integrity, Autonomy, and the Public Trust by John Owen Haley
⑪ Setsuo Miyazawa, “Successes, Failures, and Remaining Issues of the Justice System Reform in Japan: An Introduction to the Symposium Issue,” 36 Hastings International & Comparative Law Review, 2013, pp.313-347.
⑫Annelise Riles and Takashi Uchida. “Reforming Knowledge-A Socio-Legal Critique of the Legal Education Reforms in Japan” Drexel L. Rev. Vol.1, 2009, pp.3-51.
|Assessment||Grades will be based on the quality of presentation, contribution to class discussion, and after-presentation report.|
|Other Notes||For the convenience of the course preparetion, students should contact lecturer by email (firstname.lastname@example.org) by October 3.|
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