Introduction to Japanese Legal /Political System and Culture

Koichi SETOYAMAPh.D. (International Student Center)

Objective
   Law and legal policy vary according to the country and the times. Not only the statute of law but also the role of the Court, especially law in action is closely reflected by the legal culture and legal consciousness of the citizens in each country. The primary objective of this course is to provide a basic understanding of Japanese law and legal system. No legal and political background is required. Students' opinions from the viewpoint of their own countries are expected. Students will be asked to participate actively in classroom discussions. 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 Outline and Description (Topics and Issues)
   1. Introduction: Law in Social Science. Legal Culture in Japan.
   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.
   7. Constitutional Law: the Renunciation of War (Self-Defense Force), Separation of State and Religion (controversy of Prime Minister's visit to Yasukuni Shrine).
   8. Criminal Law: Objectives of Punishment and Capital Punishment (Death Penalty), Wrongful convictions, Lay Judge System.
   9. Civil Law (Family Law): Legal Restriction on the contract (Separate Family Name of married couples, etc.)
   10. Gender Discrimination and Affirmative Action (Family Law, Labor Law, etc).
   11. Local Government (Prefectural Assembly) and Ordinance.
   12. Japanese Judicial Reform: Legal Education and Professionals (New Bar Examination, new Law School system, etc.).
   13. Nationality and Fundamental Rights Foreigners in Japan: Equal Treatment and Discrimination issue (Nationality lawsuit by a resident Korean, Suffrage of resident Foreigners (Social Norm and the Rights of the Minority and Foreigners).

Textbook and Reference
  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 the content of the assignments and a final paper to be submitted.
   (1) Class attendance:15%
   (2) Participation in the class discussion:10%
   (3) Class assignments:15%
   (4) One or two final papers:60%