Introduction to Japanese Legal / Political System and Culture

Koichi SETOYAMA

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.

Schedule
   Below are some of the topics and issues planned to be covered in the classes. Topics and Issues, and the order of the issues may be changed after considering the interests of the students.

1. Introduction: Law in Social Science and 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. Japanese Constitutional Law: Sovereignty of the People and Japanese Emperor
7. Renunciation of War (Self-Defense Force)
8. Japanese Criminal Law: Objectives of Punishment and Capital Punishment (Death Penalty)
9. Japanese Criminal Procedure and Wrongful convictions
10. Japanese Judicial Reform: Lay Judge System.
11. Japanese Legal Education and Professionals (New Bar Examination, new Law School system, etc.).
12. Civil Law (Family Law): Legal Restriction on the contract (Separate Family Name of married couples, etc.)
13. Gender Discrimination and Affirmative Action (Family Law, Labor Law, etc).
14. Local Government and Ordinance: Sexual Molestation (Chikan); Teenage Prostitution in Japan
15. Nationality and Fundamental Rights of Foreigners in Japan (Suffrage of resident Foreigners)
16. Equal Treatment and Discrimination issue (Nationality lawsuit by a resident Korean)
17. Drug regulation in Japan

Textbook and Reference
   There is no assigned textbook.
   Various reading materials (e.g.newspaper article written in English) and references will be distributed in each class.

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 final paper: 60%