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授業の目的 |
This course will seek to offer students an introduction to Japanese law through an examination of various “high profile” cases and debates in contemporary Japan. The course will be split into three parts. Part I will examine issues in constitutional law, particularly the controversial questions of Article 9 and the relationship between the state and religion. Part II of the course will examine various issues in Japanese criminal justice, with particular emphasis on the protection of civil liberties/human rights in criminal procedure. The course will examine the apparent “gap” that exists between the strong human rights protections afforded by the “law-in-the-books” and the realities of “criminal procedure-in-action”. Part III of the course will examine various issues in civil law. Emphasis will be given to the theoretical literature explaining the low levels of litigation in Japan. The findings of this literature will then be examined in the light of various recent litigation, notably medical malpractice & state liability cases. By the end of the course, students will have an awareness of some of the key issues in contemporary Japanese law, as well as a basic knowledge of the Japanese legal system in general. |
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授業の概要・計画 |
1. Background: the Japanese reception of Western law post-1868
I. Constitutional Law/Constitutional Rights
2. The vexed origins of the post-WWII Japanese Constitution
3. Article 9, the renunciation of war & the legal status of the Self-Defense Forces
4. The separation of religion and state/religious freedom
5. Minority group rights in Japan: Article 13 & legal recognition of the Ainu people
6. The prevalence of administrative guidance and the rule of law in post-war Japan
II. Civil Liberties & Human Rights in Criminal Justice
7. Police powers in Japanese criminal procedure law
8. Japanese conviction rates & the right to a fair trial
9. The law and politics of the death penalty in post-war Japan
10. Crimes committed by foreigners: the US military in Okinawa
11. The Alberto Fujimori extradition case
III. Civil law, State Liability & Japanese Litigiousness
12. Explaining Japanese litigation rates: from culture to rational-choice theories
13. Recent trends in medical malpractice litigation
14. The Hansen (leprosy) state liability litigation
15. Class review |
| 成績評価の方法・基準 |
Students will be expected to write a 10-15 A4 page class paper on one of the topics studied in the course. A list of possible questions will be provided to students. Further information on assessment, including the submission date of the final paper, will be provided at a later date. Class participation will also be considered in evaluating student performance.
Students who are either (a) non-JTW foreign exchange students OR (b) Japanese undergraduate students should consult with the course tutor as to their assessment requirements. |