06f-08
JAPANESE LEGAL / POLITICAL SYSTEM AND CULTURE

Koichi SETOYAMA (School of Law)

Objective
  What is law? Why do we have to keep the law? What is Liberty, Equality and Justice in law? All of the answers to these questions vary according to the country and times. The Legal and political systems are closely reflected by the legal culture and legal consciousness of the citizens of their own countries. 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 the viewpoint of their own countries are expected. Below are some of the topics and issues to be covered in the classes. Topics and the order of the issues may be changed after considering the interests of the students.

Course Schedule
  1. Introduction: Law in Social Science. Conducting Questionnaires, etc.
  2. Basic Structure of the Japanese Legal and Political System: Separation of Power and Rule of Law.
  3. Legislative branch (Diet): Houses of Representatives and Councillors; Election System, Political Parties.
  4. Judicial branch (Court): District Court, High Court, Supreme Court; Judges; Judicial Review.
  5. Executive branch (Cabinet): Government and Bureaucracy System.
  6. Sovereignty of the People and Emperor (Japanese Imperial System and Female Throne debate).
  7. Constitutional Law: the Renunciation of War (Self-Defense Force), Separation of State and Religion (Prime Minister’s visit to Yasukuni Shrine controversy).
  8. Criminal Law: Objectives of Punishment and Capital Punishment (Death Penalty), Japanese Mafia (Yakuza) related crimes, Physician-assisted Suicide (active Euthanasia) and Death with Dignity (withholding life sustaining treatment) etc.
  9. Civil Law (Family Law): Legal Restriction on the contract (Biotechnology issue such as Surrogate Mother), debate on Separate Family Name of married couples, etc.
  10. Gender Discrimination and Affirmative Action (Family Law, Labor Law, etc).
  11. Local Government (Prefectural Diet) and Ordinance (Local Regulations): Teenage Prostitution (Legal Paternalism and the Right of Self Decision-making).
  12. On-going Japanese Judicial Reform: Legal Education and Professionals (Bar Examination, new Law School system, etc.).
  13. Equal Treatment and Discrimination issue: Nationality lawsuit by resident Korean, Same Sex Marriage, Suffrage of resident Foreigners (Social Norm and the Rights of the Minority and Foreigners).
  14. Rights Consciousness and Legal Culture in Japan (Sociology of Law): Law in action.

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

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