Topics in Asian Law

Kwang Jun TSCHE

Goal of Class
   The goal of this course is to let students gain insight into the Asian legal system, with selected topics from the Japanese and Korean legal society. After demonstrating similarities as well as differences from the European continental law and common law system we will deal with various legal topics in the contemporary Japanese and Korean society, ranging important legal fields as constitutional law, criminal law, civil law, and private international law.
   Topics to be addressed in the course are: legal profession and education, judiciary and legislative branches, war powers, conscientious objection to military service, freedom of religion, minority groups in the society, jury trials, North and South Korean conflict, transitional justice, civil code reform, and private international law reform in the 21st century etc.
   The course is designed to be a dynamic and interactive exploration of Law and Society in Japan and Korea. Case study and wide ranging discussions are actively encouraged.

Requirement / Prerequisite
   There are no specific prerequisites for the course, though students will be assumed to have a general background in legal studies. All the classes and class discussions will be conducted in English, thus students are expected to have a good command of English to follow the lecture and participate in class discussions.

Course Syllabus
   Week 1: Introduction to the Study of Asian Law
   Week 2: The Legal Profession and Education
   Week 3: The Judiciary and Legislative Branches
   Week 4: Constitutional Law - Overview / Constitutional Court
   Week 5: Constitutional Law - War Powers / Conscientious Objection to Military Service
   Week 6: Constitutional Law - Freedom of Religion
   Week 7: Constitutional Law - Minority Groups
   Week 8: Dispute Resolution and Institutional Changes: Jury Trials
   Week 9: Criminal Law: Two Koreas and National Security
   Week 10: Transitional Justice I
   Week 11: Transitional Justice II
   Week 12: Contracts: Negotiations, Formation of Contracts
   Week 13: Civil Code Reform I
   Week 14: Civil Code Reform II
   Week 15: Private International Law

Text Book
   Merryman/Perez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (2007)
   Milhaupt/Ramseyer/West, The Japanese Legal System: Cases, Codes, and Commentary (2006)
   Other reading materials will be distributed in advance throughout the semester

Grading Policy
   Assessment is based on participation in class discussion, one individual presentation and one written assignment.

Other Remarks
   The syllabus is tentative. We may move somewhat faster or more slowly as the semester progresses. In addition, additional readings can be added or omitted. In case the students will be notified in advance.