05f-09
JAPANESE LEGAL & POLITICAL SYSTEM AND LEGAL & POLITICAL CULTURE

Koichi SETOYAMA (School of Law)

Objective
What is law? Why do we have to keep the law? What is Liberty, Equality or Justice in law? All of the answers to these questions vary according to the country and times. Legal and political systems are closely reflected by the legal culture and legal consciousness of the citizens of each country. The primary objective of this course is to provide a framework to understand the characteristics of the Japanese legal and political system and culture by looking into the contemporary legal and political issues in a comparison between Japan and other countries. No legal background is required but students’ opinions from their own countries are expected. A detailed syllabus will be distributed at the first meeting. Below are some of the topics and issues to be covered in the classes. Topics and the order of the issues may be changed according to the interests of the students.

Course Outline and Description (Topics and Issues)
(1) Introduction: Law in Social Science. Conducting Questionnaires, etc.
(2) Basic Structure of the Japanese Legal and Political System
(3) On-going Legal Reform in the Japanese Legal System: Legal Education and Professionals
(4) Legal Rights and Fundamental Human Rights (Japanese Constitutional Law)
(5) Judicial Review and Democracy: Rule of Law and the Role of the Supreme Court
(6) Morality, Social Norm and Law: Legal Regulation on Immoral Behavior; Rights of Minority
(7) Japanese Insurance System (Insurance Law, Social Security Law, etc)
(8) Gender and Law: Discrimination and Affirmative Action (Family Law, Labor Law, etc.)
(9) Biotechnology and Law
(10) Japanese Legal and Political Culture: Legal Paternalism and Rights of Self Decision-making
(11) Rights Consciousness in Japan
(12) Political and Legal Theories: Liberalism, Libertarianism, Communitarianism, etc.

Field Work
Field Trips, such as visiting Court and Diet, etc. are planned.

Textbook and Reference Books
There is no assigned textbook. Various reading materials and references will be distributed in each class.

Evaluation/Grading
Grades will be based on attendance and participation in class as well as papers to be submitted.
1) In order to get credit, students are expected to attend class at least 10 times out of 15 classes.
2) Class attendance: 30%
3) Participation in the class: 10%
4) Two papers: 60%