Course Syllabus

Advanced Lecture ( Sociology of Law Seminar B ) (E)

 

Lecturer: Ayako Harada
Other Lecturers:
Course Type: Seminar
Semester: Spring
Year:* Undergraduate 3rd and 4th year
Course Periods:*

Friday 1030-12:00

Special course arrangement due to Corona virus prevention policy.

CONDUCTED ON LINE,

Students interested in this course must be enrolled in this syllabus as a member.

See the following

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/6YH7C8

 

For more details, See the Instruction at "Pages" after you enroll as a member of this course. 

 

Credits:* 2
Whether mandatory or not:* None
Classroom:* CONDUCTED ONLINE, NEVER COME TO THE CLASSROOM

 

Outline of Lecture Course *

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/6YH7C8

The way this course is provided will be significantly changed as a special arrangement  for the corona virus prevention. For the instruction of the course, see the Pages. 

This seminar provides students opportunities to learn and discuss the actual functioning of law and legal system in its social context.

Each student picks one paper from the list (or more, according to the number of participants), prepare handout and make physical copies for the students. The handouts need to contain (1) summary of the paper: what is explained and discussed in the material and (2) reporter’s comments for discussion.

 

Students must submit an after-presentation report according to the instruction privided at the class.

 

Students other than the reporter must read papers in advance and actively participate in discussion. All the students are expected to make at least one comment at every class.

Through such efforts students are expected to obtain basic knowledge and insights on the reality of the legal system.

 ★Email should be sent to show your intention to take this course in advance of the first class. Lecturer’s email address is aharada@law.nagoya-u.ac.jp.

 

Reading Materials 

Each student picks one (or more) of the articles on the reading list below for presentation and discussion. We will read one paper per one session.

 

Discussion Topics and Reading Materials

 

First Meeting: Orientation

 

 

1.How the “Disputes” Develop in Social Contexts

 

Article 1

Felstiner, William L. F., Richard L. Abel, and Austin Sarat, “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming…” 15 Law and Society Review 631 (1980).

 

Article 2

  1. Miller and Austin Sarat, “Grievances, Claims, and Disputes: Assessing the Adversary Culture,” 15 Law and Society Review 525 (1980).

 

Article 3

Albiston, Edelman and Milligan “The Dispute Tree and the Legal Forest,” 10 The Annual Review of Law and Social Science 105 (2014).

 

2.The Reality of Civil Dispute Mechanisms

 

Article 4

William M. O'Barr; John M. Conley, “Lay Expectations of the Civil Justice System,” 22 Law & Soc'y Rev. 137 (1988)

 

Article 5

Robert H. Mnookin; Lewis Kornhauser, “Bargaining in the Shadow of the Law: The Case of Divorce,” 88 Yale L.J. 950 (1979).

 

Article 6

Sara Cobb, “The Domestication of Violence in Mediation,” 31 Law & Society Review 397-440 (1997).

 

3.Why “the Haves” Come Out Ahead in Legal Spheres?

 

Article 7

Why the 'haves' come out ahead: speculations on the limits of legal change / Marc Galanter

 

Article 8

Lauren B. Edelman; Mark C. Suchman, “When the Haves Hold Court: Speculations on the Organizational Internalization of Law,” 33 Law & Soc'y Rev. 941 (1999)

 

Article 9

Beth Harris, Representing Homeless Families: Repeat Player Implementation Strategies, 33 Law & Soc'y Rev. 911 (1999)

 

4.Law and Social Control

 

Article 10

Sebastian Scheerer, “The New Dutch and German Drug Laws: Social and Political Conditions for Criminalization and Decriminalization,” 12 Law & Soc'y Rev. 585 (1978)

 

Article 11

Tom R. Tyler; Robert J. Boeckmann, “The Three Strikes and You Are out, but Why - The Psychology of Public Support for Punishing Rule Breakers,” 31 Law & Soc'y Rev. 237 (1997)

 

Article 12

Hamai & Ellis, "Crime and Criminal justice in modern Japan: From reintegrative shaming to popular punitivism"International Hournal of the Sociology of Law,34, 157-178 2006.

Course Objectives Develop basic skills and gain knowledge to conduct your own socio-legal study on law.
Textbooks Reading list will be provided.
Course Materials/Supplementaries Reading list will be provided.
Assessment Attendance (10%), presentation (30%), class discussion (20%), after-presentation report (40%).

Prerequisites None
Instructions for Out-of-Class Study Students must read the material for each class before the class.
Responding to Student Questions At classroom or through email or face-to-face upon appointment 
Other Notes *

 

Lecture Theme Lecture Course Description Learning outside the class Related page
1 Each session will cover one paper as listed above. Session involves presentation and discussion
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12
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15

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/6YH7C8

Course Summary:

Date Details