SELF-EVALUATION, College of Law, Kyushu University

SELF-EVALUATION, Faculty of Law, Kyushu University

SELF-EVALUATION, Graduate School of Law, Kyushu University

 

 

 

 

 

SELF-EVALUATION

Prepared by the College of Law and Politics

For the Year 2001

 

The College of Law, Kyushu University

 

September 2001

Kyushu University

 

 

 

 

 

1. CURRENT STATUS

 

1.1. CONTACT DETAILS

The College of Law,

Kyushu University,

6-19-1 Hakozaki,

Higashi-ku,

Fukuoka-shi,

Fukuoka.

 

1.2. HISTORY

The College of Law was founded in 1924 as the College of Law and Letters, and became an independent institution in 1949. In 1999, in accordance with a new policy that placed greater emphasis on graduate level education, the College of Law was reorganized and the then existing courses (Law and Legal Policy) were expanded. There are currently four courses, namely Law, Legal Policy, International Business Law and Political Science. In 2000, as a result of university-wide reform, further reorganization became necessary and three institutions were established, namely the Faculty of Law (a research institution), the College of Law (responsible for undergraduate education), and the Graduate School of Law (responsible for post-graduate education). 

 

As of May 1, 2001, there were a total of 1,175 students and 75 faculty members (comprising 33 professors, 21 associate professors, 4 lecturers, and 17 research assistants).

 

1.3. BACKGROUND

In compliance with new guidelines announced by the Ministry of Education, Kyushu University College of Law established a Self-Evaluation Committee in 1990. In 1998, the Committee published the results of the latest evaluation in a report entitled Kyushu University College of Law: Current Status and Future Challenges.

 

In 1999, adopting a university-wide format, a more thorough and transparent evaluation exercise was conducted. To ensure that the evaluation process was more objective, the review was conducted in conjunction with scholars from outside Kyushu University. The results of this evaluation, as well as the supporting materials prepared in the course of the evaluation process, were published on the Kyushu University Home Page in April 2000.

 

The purpose of this particular report is to outline the outcome of the various reforms that have been implemented as a result of the evaluation exercise and to identify additional actions that need to be taken in order to further enhance the effectiveness of the College of Law.

 

1.4. DISTINCTIVE FEATURES OF THE COLLEGE OF LAW

The College of Law possesses two distinctive features: firstly, the special emphasis placed on graduate level education, and secondly, its geographical proximity to and relationship with other countries in the Asia region.

 

The Purpose of Education described in Section 2 has been prepared in accordance with these distinctive characteristics.

 

i. Emphasizing graduate level education: educating future national and world leaders

The College of Law, with its long tradition of excellence, world-renowned academic staff and outstanding students, has established a preeminent position among Japanese universities, both public and private. The policy of emphasizing graduate level education introduced in 1999 gave the College an opportunity to further enhance its institutional foundations and reputation. The College of Law is acutely aware of the mission entrusted by the Japanese public to educate future leaders of Kyushu, Japan and the world. In order to achieve this mission, the College of Law is willing to utilize all resources at its disposal, including the most advanced, internationally recognized knowledge produced by scholars working in the Faculty.

 

The College believes that the undergraduate education it provides should primarily be of a fundamental nature, providing students with a solid training in the basics of legal and political science. The College of Law has utilized its expertise in the field of graduate education to assist the students in understanding the importance of obtaining fundamental knowledge, and, by doing so, to help them better prepare for graduate school. In particular, allowing undergraduate students to audit post-graduate level courses and thereby familiarizing them with the most advanced knowlege in the field should strengthen their motivation to pursue further independent study.  The College of Law believes that it can differentiate itself from other institutions through this kind of approach.

 

ii. The College of Law in Asia: contributing to the world through Asia

The recent economic development of Asia has resulted in various positive outcomes, most obviously the partial eradication of poverty in the region. However, a series of new problems have emerged such as security difficulties, increased economic and cultural disturbances, and gradually deteriorating environmental conditions. The possible contribution that the College of Law can make to the region in this regard is enormous, in part, due to its close geographical proximity to and historical ties with Asia.

 

Having recognized and reflected upon the role that Japan played in the region over the course of the last century, the College of Law has attempted to further strengthen its position as an intellectual hub that can connect Asia with the rest of the world by deepening the educational, academic, and social cooperation between the various societies of the region. In this regard, we are particularly proud of the cooperation in the field of education that has been achieved in the areas of comparative law and historical studies. Perhaps more than ever before, it is vitally important that government-to-government cooperation is supplemented by other multi-layered and diverse forms of collaboration. The College of Law, recognizing the fact it is located in a region where such interaction is already occurring on a routine basis, will continue its efforts to benefit from its location.

 

 

 

2.  THE PURPOSE AND GOALS OF EDUCATION

 

2.1. THE PURPOSE OF EDUCATION

 

2.1.1. General principles

 

2.1.1.1. To provide an education in accordance with the Educational Charter of Kyushu University

Based on the principle that the university should provide a form of higher education that contributes to the development of both Japan and the world, the Educational Charter of the Kyushu University proclaims its educational purpose as contributing to the advancement of society by educating young people in such a way that upon completion of their studies they are able to take on leadership roles in society.

 

The Charter cites four fundamental principles as necessary to accomplishing this task. They are the principle of humanity, the principle of social responsibility, the principle of global citizenship, and the principle of the advancement of knowledge.

 

In pursuit of the aims set out in the Charter, the College of Law has therefore adopted the following general principles: 

 

i.                     To provide a legal education that is in accordance with the fundamental principles cited in the Charter;

ii.                   To assist the University in maintaining and enhancing the highest standards of education by providing a legal education that is of the highest caliber.

 

 

2.1.1.2. Long-term objectives

As a legal institution of a national university that is largely funded by public resources, the College of Law recognizes its responsibility to respond to various social needs. Such needs result from (1) the increased role of law in national and international society (so-called ejuridificationf), and (2) the increased demands for practical policy proposals that reflect the ever-changing socio-political landscape.

 

In other words, in an environment in which intense internationalization is taking place, the College of Law is required to instill in young people grule-handlingh and policy development skills that will be effective in both a local, national and international context.

 

2.1.1.3. Mission statement of the College of Law

The mission of the College of Law is to fulfill the following conditions:

 

(1) To recognize the distinctiveness of the College of Law;

(2) To respond to the changing long-term needs of society;

(3) To implement the objectives described in the Educational Charter of Kyushu University.

 

In other words, the mission of the College of Law is to contribute to the betterment of Kyushu, Japan and the world by educating young people and enabling them to take leadership positions in the future.

 

From a different perspective, the College of Law believes that, by accomplishing the four educational aims described below, it can fulfill this mission and render an important service to the development of legal culture, national and local government, other governmental organizations, the business community, international and non-governmental organizations, as well as universities and educational institutions more generally.

 

 

2.1.2. Educational aims of the College of Law

 

i.  Fostering an ethical awareness and a sense of social responsibility

It is important that legal education, as with any area of academic endeavor, should seek to foster high ethical standards and social responsibility among all students. This is particularly important in legal education as "justice" and "human dignity" are among the core values that law seeks to achieve. And yet, ethics are not static, they develop over time as a result of the search for mutual understanding. Moreover, since students will hold various leadership and professional positions upon graduation, the notion of accountability that accompany such positions should be reinforced as a crucial part of this ethical education.

 

ii.                  Developing critical and creative thinking

It is certainly the case that there are technical aspects to legal interpretation and policy-making. However, undergraduate legal education at Kyushu University seeks to educate future leaders of the society. In this respect, the ability to critically examine the status quo, the ability to identify problems, and the ability to produce creative solutions are as important as mere technicalities. Moreover, sensitivity when identifying and analyzing problems is also essential. Otherwise, critical and creative thinking will remain somewhat superficial. Creative thinking is also an essential premise of the increasingly important ability to disseminate knowledge.

 

iii. Developing a sense of global citizenship

Internationalization as it is used here does not implicate adherence to a single global standard. Rather, it is a mental attitude that comprehends and appreciates differences and cultural diversity. The need for such internationalization has reached a new stage. Legal education traditionally assumed the existence of sovereign states, but as globalization and juridification penetrate ever more aspects of social life, this perspective needs to be supplemented by alternative points of view. A contemporary legal education should attune students to the transnational nature of the modern world. Students should be trained in transnational dispute resolution, as well as in the formulation of uniform rules. In so doing, they should be able to pay attention to the multi-layered and multi-faceted interaction of various regions.

 

iv. Laying the foundations for future intellectual specialization

Today, the dominant vehicle for advanced professional education is graduate schools. In this respect, it is vitally important that the undergraduate legal education at Kyushu University should stress the need to build a solid foundation in each student, on which they will be able to undertake further advanced independent study. Such independent study may take place either in the work place, in the local community, or at graduate school.

 

In principle, we aim to have all students achieve a level sufficient for them to attend graduate school. In order to achieve this aim, we will take two steps. First, instead of offering over-specialized courses, we will clarify the relevance of each subject to legal studies and political science as a whole. This will help the students understand the significance of the subject, and will give them a roadmap to orientate them in their future studies. Secondly, in addition to cultivating these basic skills, we will focus on a small number of subject areas depending on each studentfs interest and ability. In doing so, students will be exposed to gcutting edgeh knowledge in their chosen area of interest. This will enable students to observe and comprehend the way academic research develops and how it responds to the changing needs of society.

 

 

2.2. EDUCATIONAL GOALS OF THE COLLEGE OF LAW

In order to achieve the above-mentioned general educational aims, the College of Law has set itself the following goals.

 

i.             Goals related to the fostering of an ethical awareness and a sense of social responsibility

a.                                  We will deepen studentsf comprehension of the heterogeneity and diversity of the global community.

b.                                 We will facilitate understanding of democracy and justice.

c. We will increase fieldwork and opportunities for social participation.

d. We will encourage independence and teamwork in seminars and other activities.

 

ii. Goals related to the development of critical and creative thinking

a.                                  We will develop a sensitivity to the historical and geographical diversity of legal and political phenomenon.

b.                                 We will familiarize students with the basic analytical concepts of legal studies and political science, and thereby increase their ability to actively utilize them.

c.                                  We will facilitate studentsf understanding of concrete problems related to institutional design, policy-making, and citizen participation.

 

iii. Goals related to the development a sense of global citizenship

a.                                  We will facilitate studentsf understanding of law and politics in other countries, both at a regional and national level.

b.                                 We will facilitate knowledge of the state of globalization, and international and regional cooperation in the field of law and politics. Special attention will be given to case studies of the Kyushu region.

c.                                  We will increase communication between Japanese and international students.

d.                                 We will encourage students to take full advantage of exchange programs with foreign universities.

 

iv.  Goals related to the laying of intellectual foundations for future intellectual specialization

a.                                  We will design a curriculum and timetable that facilitates progressive studies and systematic enrollment in classes.

b.                                 We will cultivate communication and research skills.

c.                                  We will develop logical thinking.

d.                                 We will facilitate endurance and ability to focus on intellectual work.

e.                                  We will cultivate foreign language skills to a level that allows students to deal with foreign language materials related to law and politics.

f.                                   We will allow undergraduate students to audit graduate masters degree courses, and thereby give them the opportunity to observe contemporary developments in legal studies and political science.

 

 

v. Goals related to the advancement of the quality of education in general

a.                                  We will familiarize the faculty, administrative staff, and students with the mission, educational aims, and educational targets of the College of Law. The relationship of individual courses to the educational aims and targets should also be made clear to the students.

b.                                 We will constantly review the curriculum from an educational viewpoint, and implement prompt revisions whenever necessary.

c.                                  The combination of classes students attend should ensure an effective education. We will increase small-size classes.

d.                                 The core classes offered to the students should be consistent with the aims and targets of the College. The quality of the core classes should be ensured and improved so as to reflect the Educational Charter of Kyushu University.

e.                                  Strict grading should be carried out to enable evaluation of the achievements of the educational aims.

f.                                   In order to facilitate the achievement of the educational aims, student evaluation of the curriculum as a whole and of individual courses should be carried out on a regular basis.

g.                                  With a view to facilitating the achievement of the educational aims, Faculty Development (FD) based on self- and student evaluation should be carried out on a regular basis.

h.                                  The admission policy of the College of Law should reflect the educational aims. Criteria should be made more specific and the process more transparent.

i.                                    Student support should be further developed. Such support should include the reduction of the costs of educational services to the students by improving the educational environment, streamlining various administrative procedures, and enhancing incentives to conduct individual study. Post-graduation support will also be developed.

j.                                   Evaluation and the implementation of the results of such evaluation should be further systematized. All operational activities relating to education should be subject to constant self-evaluation, as well as outside-evaluation, in the light of the educational aims and goals outlined above. Mechanisms will be implemented to assess the result of the evaluation in the improvement of education. The educational aims and goals themselves should be subject to constant review in the light of changing social needs.

 

 


 

 

SELF-EVALUATION

Prepared by the Faculty of Law

For the Year 2001

 

The Faculty of Law, Kyushu University

 

September 2001

Kyushu University

 

 

1. CURRENT STATUS

 

1.1. CONTACT DETAILS

The Faculty of Law,

Kyushu University

6-19-1 Hakozaki,

Higashi-ku,

Fukuoka-shi,

Fukuoka.

 

1.2. HISTORY

The College of Law was founded in 1924 as a department within the College of Law and Letters and became an independent institution in 1949. Graduate level education started with the establishment of the Graduate School of Law in 1953. In 2000, as a result of a university-wide reform, the then College of Law and the Graduate School of Law were reorganized into three institutions, namely the Faculty of Law (a research institution), the Graduate School of Law (responsible for post graduate education), and the College of Law (responsible for undergraduate education).

 

The Faculty of Law currently consists of five departments. They are the Department of Fundamental Legal Science (concerned with legal culture, legal history and the dynamics of law); the Department of Public and Social Law; the Department of Private and Criminal Law; the Department of International Law; and the Department of Political Science.

 

As of May 1, 2001, the total number of faculty members was 75 (comprising 33 professors, 21 associate professors, 4 lecturers, and 17 research assistants). Some of them are from outside partner institutions, such as the Fukuoka Bar Association and the Japan Institute for International Affairs.

 

 

1.3. BACKGROUND

In compliance with new guidelines announced by the Ministry of Education, Kyushu University College of Law established a Self-Evaluation Committee in 1990. In 1998, the Committee published the results of the latest evaluation in a report entitled Kyushu University College of Law: Current Status and Future Challenges.

 

In 1999, adopting a university-wide format, a more thorough and transparent evaluation exercise was conducted. To ensure that the evaluation process was more objective, the review was conducted in conjunction with scholars from outside Kyushu University. The results of this evaluation, as well as the supporting materials prepared in the course of the evaluation process, were published on the Kyushu University Home Page in April 2000.

 

The purpose of this particular report is to outline the outcome of the various reforms that have been implemented as a result of the self-evaluation exercise and to identify additional actions that need to be taken in order to further enhance the effectiveness of the Faculty of Law.

 

 

1.4. DISTINCTIVE FEATURES OF THE FACULTY OF LAW

The Faculty of Law possesses two distinctive features: firstly, the special emphasis placed on advanced research, and secondly, the geographical proximity to and relationship with other countries in the Asia region.

 

The Purpose of Research described in Section 2 has been prepared in accordance with these distinctive characteristics.

 

i. Emphasizing advanced research

The Faculty of Law, with its long tradition of excellence, world-renowned academic staff and outstanding students, has established a preeminent position among Japanese universities, both public and private. The policy of emphasizing@research based graduate level education introduced in 1999 gave the Faculty of Law an opportunity to further enhance its institutional foundations and reputation, thus enabling greater resources to be allocated to research activities.

 

The Faculty of Law is aware of the mission entrusted by the Japanese public to accomplish academic research of the highest quality and to promote constructive partnerships with local, national and international societies for the betterment of the world.  Recognizing the importance of such a mission and being conscious of the heavy responsibility placed on the institution, the Faculty of Law has already made significant achievements in developing advanced, internationally recognized knowledge by engaging in extensive local, national and international collaborations, and by developing partnerships with society.

 

ii. The Faculty of Law in Asia: contributing to the world through Asia

The recent economic development of Asia has resulted in various positive outcomes, most obviously the partial eradication of poverty in the region. However, a series of new problems have emerged such as security difficulties, increased economic and cultural disturbances, and gradually deteriorating environmental conditions. The possible contribution that the Faculty of Law can make to the region in this regard is enormous, in part, due to its close geographical proximity to and historical ties with Asia.

 

Having recognized and reflected upon the role that Japan played in the region over the course of the last century, the Faculty of Law has attempted to further strengthen its position as an intellectual hub that can connect Asia with the rest of the world by deepening the educational, academic, and social cooperation between the societies of the region. In this regard, we are particularly proud of the cooperation in the field of education that has been achieved in the areas of comparative law and historical studies. Perhaps more than ever before, it is vitally important that government-to-government cooperation is supplemented by other multi-layered and diverse forms of collaboration. The Faculty of Law, recognizing the fact it is located in a region where such interaction is already occurring on a routine basis, will continue its efforts to benefit from its location.

 

 

 

2. THE PURPOSE AND GOALS OF RESEARCH

 

2.1. THE PURPOSE OF RESEARCH

 

2.1.1. General principles

 

2.1.1.1. To provide an education in accordance with the Educational Charter of Kyushu University

Based on the principle that the university should provide a form of higher education that contributes to the development of both Japan and the world, the Educational Charter of the Kyushu University proclaims its educational purpose as contributing to the advancement of society by educating young people in such a way that upon completion of their studies they are able to take on leadership roles in society.

 

The Charter cites four fundamental principles as necessary to accomplishing this task. They are the principle of humanity, the principle of social responsibility, the principle of global citizenship, and the principle of the advancement of knowledge.

 

In pursuit of the aims set out in the Charter, the Faculty of Law has therefore adopted the following general principles: 

 

i.                     To conduct and develop academic research with the clear understanding that each individual piece of research constitutes a significant element in the provision of education and social development;

ii.                   To engage in and develop academic research according to the fundamental principles stated in the Charter in order to maintain and enhance education at the graduate level.

 

 

2.1.1.2. Long-term objectives

As a legal institution of a national university that is largely funded by public resources, the Faculty of Law recognizes its responsibility to respond to various social needs. Such needs result from (1) the increased role of law in national and international society (so-called ejuridificationf), and (2) the increased demand for practical policy proposals that both reflect and respond to the ever-changing socio-political landscape.

 

In other words, in an environment in which intense internationalization is taking place, the Faculty of Law is required to work on the formulation of new rules and regulations and to develop new policies that are simultaneously applicable to local, national and international spheres.

 

2.1.1.3. Mission statement of the Faculty of Law

The mission of the Faculty of Law is to fulfill the following conditions:

 

(1) To recognize the distinctiveness of the Faculty of Law;

(2) To respond to the changing long-term needs of society;

(3) To implement the objectives described in the Educational Charter of Kyushu University.

 

In other words, our mission is to conduct and accomplish academic research that is needed to develop new ideas concerning the formulation of laws and policy that will be useful in the Kyushu region as well as other regions of the world.

 

It is believed that such mission will be achieved by fulfilling the following objective.

 

 

2.1.2. Research aims of the Faculty of Law

The Faculty of Law has set itself the following aims in the area of research:

 

i.                    Pursuing research that is consistent with the educational aims of the College of Law and the Graduate School of Law

We will pursue research activities that are consistent with the educational aims of the College of Law and the Graduate School of Law, namely to foster an ethical awareness and sense of social responsibility, to develop critical and creative thinking, to foster a sense of global citizenship, to lay the foundations for future intellectual specialization, and to develop transferable professional skills. In doing so, we will be constantly mindful that our research activities should facilitate these educational aims.

 

ii.           Coordinating various research activities

We will coordinate outside research activities relating to law and politics, and thereby contribute to the development of such activities.

 

iii.         Developing comprehensive studies in socially relevant areas

We will be actively involved in new comprehensive research in those areas in which the study of law and politics is indispensable (e.g., information technology, bio-science, the environment, etc.). Cooperation with other disciplinary areas will be encouraged.

 

iv. Ensuring the proper balance between basic and applied studies

Applied studies deal with concrete problems in society. In building theories and systems, however, the insights of basic studies such as history, philosophy, and methodology are necessary. Therefore, we will strive to strike a proper balance between basic research and applied research.

 

v.           Research aims of each research group

 

a. Fundamental legal studies

By furthering the theoretical, historical, and dynamic study of diverse legal cultures and institutions of the world, we will contribute to the mutual understanding of global citizens, and build the basis for diverse rule-making for the 21st century. We will also deal with those developments that had not been anticipated by traditional legal theory, and thus contribute to the establishment of the new system of law for the 21st century.

 

b. Public and social law

The role of the state is a topic that is being subjected to constant scrutiny around the world. In light of this, we will further the study of the theoretical, historical, and dynamic aspects of the role of the state. After analyzing the interrelationship between international society, the state, and citizens, we will try to present creative legal interpretations and constructive institutional designs, with due attention to the protection of human rights.

 

c. International law

We will attempt to build a system of international law, which is capable of grasping the drastically changing international scene as a whole. Such a system will encompass not only traditional international public law and international private law, but also cutting edge areas such as international economic law, international social law, and international intellectual property law. However, this project will always be based on solid historical and other basic studies.

 

d. In the area of private law

We will pursue various research topics relating to Civil Law, Commercial Law, and Civil Procedure. Although core topics would always deal with interpretive issues of both substantive and procedural law, approaches of legal sociology, comparative law, legal history, etc will be devised as necessary. We will also deal with cutting edge areas such as financial law, consumer law, land law, environmental law, and medical law.

 

e. Criminal law

Especially important topics are: international criminal law, criminal legislation, and the development of criminal law Theory appropriate to the coming citizen participation in the judicial system. It is also important to develop collaborated research schemes with other organizations and to return the benefits of research to the society through various channels. The existing networks we already have with bar associations, local government, mass media, and citizen groups shall be helpful in this regard.

 

f. Political science

In order to contribute to the policy-making of the 21st century, we will focus on various political phenomena that do not fit squarely within the framework of the conventional sovereign nation state. Special attention will be given to such phenomena in the Asian region. In doing so, we will employ a theoretical as well as an historical approach to put those phenomena in perspective.

 

 

2.2. RESEARCH GOALS OF THE FACULTY OF LAW

 

In order to achieve the above-mentioned research aims, the Faculty of Law has set itself the following targets:

 

i.                    Goals related to the pursuit of research that is consistent with the educational aims of the College of Law and the Graduate School of Law.

a.                                  We will clarify the relationship between the research activities of individual faculty members and educational aims.

b.      We will carry out joint research projects that are closely linked to the achievement of educational aims.

c.       A central element of Faculty Development will be to explore case studies regarding the relationship between research and education.

d.      We will facilitate an international faculty exchange scheme. This should improve the standard of education and research.

 

ii.                  Goals related to coordination of various research activities

a.                                  We will examine what sort of academic contribution, social contribution, and international collaborations are being carried out by individual faculty members. On that basis, we will identify the research activities that the Faculty of Law should actively support and promote.

b.                                 We will prioritize coordination activities which the Faculty of Law should promote, and will promote such activities.

c.                                  We will promote collaboration with other organizations including those overseas.

 

iii. Goals related to the development of comprehensive studies

a.  In order to develop new research areas, we will promote joint research projects both within the Faculty and in cooperation with other Faculties. We shall take advantage of internal funding (such as P&P) and other resources.

b.  In order to develop new research areas, we will promote joint research projects with outside organizations. We shall take advantage of external funding (such as Kaken) and other resources.

 

iv. Goals related to ensuring the proper balance between basic and applied studies

a.                                  We will examine what sort of research is being carried out in both the fields of basic and applied studies, and thus identify those research activities that the Faculty of Law should actively support and promote.

b.                                 We will prioritize coordination activities promoted by the Faculty of Law.

 

v. Goals related to the qualitative advancement of research in general

a.                                  We will ensure that the mission, research aims, and research targets of the Faculty of Law are shared by every faculty member as well as administrative staff. We will also advertise the mission, research aims and targets

b.                                 To ensure effective and efficient research support, we will prioritize that support which reflects these aims and targets.

c.                                  We will improve our financial foundation by increasing the application rate for Kaken and other outside funds.

d.                                 In order to promote advanced collaborative research with outside institutions, we will explore the possibility of establishing endowed chairs.

e.                                  We will improve the availability of financial support, manpower assistance, and sabbatical leaves, in order to maintain the highest standard of research, and thereby allowing faculty members to play an active role internationally. Such roles will include organizing and managing workshops, symposiums, and joint research projects, as well as publishing and editing foreign language books and journals.

f.                                   Evaluation and reform should be systematized. Various aspects of research should be subject to constant self-evaluation, as well as outside-evaluation, in light of the research aims and targets. There should be a system in place to implement the result of evaluations in the improvement of education. The research aims and targets themselves should be subject to constant review in light of changing social needs.

 


 

 

SELF-EVALUATION

Prepared by the Graduate School of Law

For the Year 2001

 

The Graduate School of Law, Kyushu University

 

September 2001

Kyushu University

 

 

1. CURRENT STATUS

 

1.1. CONTACT DETAILS

The Graduate School of Law,

Kyushu University,

6-19-1 Hakozaki,

Higashi-ku,

Fukuoka-shi,

Fukuoka.

 

1.2. HISTORY

The Graduate School of Law was established in 1953 with the purpose of educating scholars in the fields of law, legal policy and political science. In 1992, in response to demands for a more diversified education, two further courses were introduced, namely the gFlex@Courseh (which aims to facilitate lifelong learning) and the gAdvanced Courseh (which tailors to recent graduates). Both courses provide an opportunity to pursue graduate level studies to students who are not intent on pursuing a career in academia.

 

In addition, two more programs were created to meet the demand for graduate level education from other Asian countries and the international community more generally. The first is the LL.M. program in International Economic and Business Law and the other is the M.A. program in the Comparative Study of Policies and Administration in Asia (CSPA). Both programs are taught entirely in English and provide students with the additional opportunity to pursue a doctorate also written in English. In addition, increased efforts have been made to allow more non-Japanese students into the Japanese language doctoral program.

 

In 1999, in compliance with a newly introduced policy of placing more emphasis on graduate level education, the Graduate School of Law became the primary institution of legal education in the University replacing the College of Law. In 2000, in an effort to provide more effective and flexible education, the faculty system was established throughout Kyushu University. As a result of this change, further reorganization became necessary and three institutions were established, namely the Faculty of Law (a research institution), the College of Law (responsible for undergraduate education), and the Graduate School of Law (responsible for post-graduate education). 

 

Currently, there are five departments in the Graduate School of Law, namely the Department of Fundamental Legal Science, the Department of Public and Social Law, the Department of Private and Criminal Law, the Department of International Law, and the Department of Political Science.

 

As of May 1, 2001, the total number of students was 220 (154 in the Masterfs course and 66 in the Doctoral course). Among them are 51 non-Japanese students (32 in the Masterfs course and 19 in the Doctoral course).  The total number of teaching staff is 75 (comprising 33 professors, 21 associate professors, 4 lecturers, and 17 research assistants).

 

1.3. BACKGROUND

In compliance with new guidelines announced by the Ministry of Education, Kyushu University College of Law established a Self-Evaluation Committee in 1990.  In 1998, the Committee published the results of the latest evaluation in a report entitled Kyushu University College of Law: Current Status and Future Challenges.

 

In 1999, adopting a university-wide format, a more thorough and transparent evaluation exercise was conducted. To ensure that the evaluation process was more objective, the review was conducted in conjunction with scholars from outside Kyushu University. The results of this evaluation, as well as the supporting materials prepared in the course of the evaluation process, were published on the Kyushu University Home Page in April 2000.

 

The purpose of this particular report is to outline the outcome of the various reforms that have been implemented as a result of the self-evaluation exercise and to identify additional actions that need to be taken in order to further enhance the effectiveness of the Graduate School of Law.

 

 

1.4. DISTINCTIVE FEATURES OF THE GRADUATE SCHOOL OF LAW

The Graduate School of Law possesses two distinctive features: firstly, the special emphasis placed on graduate level education, and secondly, the geographical proximity to and relationship with other countries in the Asia region

 

The Purpose of Education described in Section 2 has been prepared in accordance with these distinctive characteristics.

 

i. Emphasizing graduate level education: educating future national and world leaders

The Graduate School of Law, with its long tradition of excellence, world-renowned academic staff and outstanding students, has established a preeminent position among Japanese universities, both public and private. The policy of emphasizing graduate level education introduced in 1999 gave the Graduate School of Law an opportunity to further enhance its institutional foundations and reputation.

 

The Graduate School of Law is aware of the mission entrusted by the Japanese public to educate future leaders of Kyushu, Japan, and the world. Recognizing the importance of such a mission and being conscious of the heavy responsibility placed on the institution, the Graduate School of Law is willing to utilize all resources at its disposal, including the most advanced, internationally recognized knowledge as well as the knowledge obtained by engaging in extensive international collaboration.  In doing so it is believed that the Graduate School of Law can enhance the distinctiveness of the School.

 

ii. The Graduate School of Law in Asia: contributing to the world through Asia

The recent economic development of Asia has resulted in various positive outcomes, most obviously the partial eradication of poverty in the region. However, a series of new problems have emerged such as security difficulties, increased economic and cultural disturbances, and gradually deteriorating environmental conditions. The possible contribution that the Graduate School of Law can make to the region in this regard is enormous, in part, due to its close geographical proximity to and historical ties with Asia.

 

Having recognized and reflected upon the role that Japan played in the region over the course of the last century, the Graduate School of Law has attempted to further strengthen its position as an intellectual hub that can connect Asia with the rest of the world by deepening the educational, academic, and social cooperation between countries. In this regard, we are particularly proud of the cooperation in the field of education that has been achieved in the areas of comparative law and historical studies. Perhaps more than ever before, it is vitally important that government-to-government cooperation is supplemented by other multi-layered and diverse forms of collaboration. The Graduate School, recognizing the fact it is located in a region where such interaction is already occurring on a routine basis, will continue its efforts to benefit from its location..

 

 

2. THE PURPOSE AND GOALS OF EDUCATION

 

2.1. THE PURPOSE OF EDUCATION

 

2.1.1. General principles

 

2.1.1.1. To provide an education in accordance with the Educational Charter of Kyushu University

Based on the notion that the university should provide a form of higher education that contributes to the development of both Japan and the world, the Educational Charter of the Kyushu University proclaims its educational purpose as contributing to the advancement of society by educating young people in such a way that they are able to take on leadership roles in society upon completion of their studies.

 

The Charter cites four fundamental principles as necessary to accomplishing this task. They are the principle of humanity, the principle of social responsibility, the principle of global citizenship, and the principle of the advancement of knowledge.

 

In pursuit of the aims set out in the Charter, the Graduate School of Law has therefore adopted the following general principles: 

 

i.                     To provide the education in accordance with the fundamental principles cited in the Charter;

ii.                   In the light of the recent trends towards interdisciplinary studies and the merging of academic disciplines, the Graduate School aims to provide quality education in the fields of law and political science to students from other Graduate Schools in the University.

 

2.l.1.2. Long-term objectives

As a law faculty of a national university largely funded by the public resources, the Graduate School of Law recognizes its responsibility to respond to various social needs, long and mid term. Such needs generally result from (1) the drastic increase of the role of law in national and international societies (so-called ejuridificationf), and (2) the increased demand for new measures that reflect the ever-changing socio-political landscape. In other words, in an environment in which intense internationalization is taking place, the Graduate School of Law is being asked to educate scholars capable of developing ideas and techniques about how to develop new laws, regulations and policies that are applicable to every local as well as national and international communities.

 

2.1.1.3. Mission statement of the Graduate School of Law

The mission of the Graduate School of Law is to fulfill the following conditions:

 

(1) To recognize the distinctiveness of the Graduate School of Law;

(2) To respond to the changing long-term needs of society;

(3) To implement the objectives described in the Educational Charter of Kyushu University.

 

In other words, our mission is to educate scholars and academics who are capable by virtue of their ability to develop new laws, regulations and policies that are applicable in a wide range of settings, and to provide leadership in the local, national and international community, especially in the Asia region.

 

From a different point of view, the mission of the Graduate School of Law will be achieved by educating scholars of the highest quality who can work in other universities and institutions, or work as jurists, civil administrators for national and local governments, staff for corporations and organizations, international civil servants for international organizations and non-governmental organizations.

 

 

2.1.2. Educational aims of the Graduate School of Law

 

i.  Fostering an ethical awareness and a sense of social responsibility

It is important that legal education, as with any area of academic endeavor, should seek to foster high ethical standards and social responsibility among all students. This is particularly important in legal education as "justice" and "human dignity" are among the core values that law seeks to achieve. And yet, ethics are not static, they develop over time as a result of the search for mutual understanding. Moreover, since students will hold various leadership and professional positions upon graduation, the notion of accountability that accompany such positions should be reinforced as a crucial part of this ethical education.

 

ii. Developing critical and creative thinking

The Graduate School of Law seeks to educate future academics and professional practitioners who will provide clear leadership in society. In this respect, they should possess flexibility in problem-finding and in creative problem-solving. This means, for example, that they should be able to reconfigure existing disciplines whenever necessary, rather than sticking to existing disciplinary boundaries. Moreover, sensitivity in identifying problems, as well as a perceptive comprehension of history and reality are also of crucial importance. Otherwise, the abilities of critical and creative thinking will remain superficial. Creative thinking is also an essential premise of the increasingly important ability to disseminate knowledge.

 

iii. Developing transferable professional skills

Rather than aiming at gprofessionalh skills that can only be used within a particular partitioned disciplinary area, we aim to cultivate various intellectual abilities, such as the ability to conduct research, make presentations, and communication, which will contribute directly and indirectly to society in the diverse fields of law and politics.

 

iv. Developing a sense of global citizenship

Internationalization as it is used here does not implicate adherence to a single global standard. Rather, it is a mental attitude that comprehends and appreciates differences and cultural diversity. The need for such internationalization has reached a new stage. Legal education traditionally assumed the existence of sovereign states, but as globalization and ejuridificationf penetrate ever more aspects of social life, this perspective needs to be supplemented by different points of view. A contemporary legal education should attune students to the transnational nature of the modern world. Students should be trained in transnational dispute resolution, as well as in the formulation of uniform rules. In so doing, they should be able to pay attention to the multi-layered and multi-faceted interaction of various regions.

 

 

2.2. EDUCATIONAL GOALS OF THE GRADUATE SCHOOL OF LAW

 

In order to achieve the above-mentioned educational aims, the Graduate School of Law has set itself the following targets:

 

i.             Goals related to the fostering of an ethical awareness and a sense of social responsibility

a.                                  We will deepen comprehension of the heterogeneity and diversity of the global community.

b.                                 We will facilitate understanding of democracy and justice.

c.                                  We will increase fieldwork and opportunities for social participation.

d.                                 We will encourage independence and teamwork in seminars and other activities.

 

ii. Goals related to the development of critical and creative thinking

a.                                  We will develop a sensitivity to the historical and geographical diversity of legal and political phenomenon.

b.                                 We will familiarize the students with basic analytical concepts of legal studies and political science, and thus increase studentsf ability to actively utilize them.

c.                                  We will facilitate understanding of concrete problems related to institutional design, policy-making, and citizen participation. We will also develop the ability to present critical and creative counterproposals.

d.                                 Depending on the characteristics of the research topic, interdisciplinary studies will be encouraged. This will allow students to acquire a broader perspective on the particular problem they are examining.

 

iii. Goals related to the development of transferable professional skills.

a.                                  We will further develop the ability to read, to conduct research, to write, and to communicate effectively.

b.                                 We will foster the ability to think logically, exercise the imagination creatively, and the ability to concentrate on intellectual activities.

c.                                  We will enhance the ability to read foreign language materials, and the ability to communicate in foreign languages.

 

iv. Goals related to the development of a sense of global citizenship

a.                                  We will facilitate understanding of law and politics in other countries, both at a regional and national level.

b.                                 We will facilitate comprehension of the present state of globalization, international cooperation and regional cooperation in the field of law. Special attention should be given case studies of the Kyushu region.

c.                                  We will increase opportunities to meet foreign students studying in Japan.

d.                                 We will encourage students to take full advantage of student exchange programs with foreign universities.

 

v. Goals related to specific courses

v.i. Academic Research Training Course

a.   In order to further improve graduate studentsf research ability, supervising professors will give more thorough academic advice and guidance. In addition, each graduate student will submit a research plan. A system will be devised to enable them to evaluate themselves in light of their individual plan.

b.   In consideration of the fact that (1) most of graduate students in this course will go on to become university professors, and (2) there is a social demand for the reinforcement of the educational functions of universities, we will make use of the Teaching Assistant (TA) system to provide graduate students with educational experience. We will also use Faculty Development (FD) opportunities as an educational tool for the Research Assistants. Graduate students and assistants will also be utilized for the management of various workshops. This will serve as an opportunity to develop their teaching and management skills. Due consideration should be given to the balance between the improvement of research abilities and the development of these other skills.

 

v.ii. Advanced Course, gFlex Courseh (education of professional practitioners; continuing education)

a. The demand for these courses came from various areas. On one hand, there was a perceived need for an highly specialized professional education, such as the gattorney programh offered to young attorneys. On the other hand, there is a need to develop lifelong education/continuing education. In the light of the diversity of students, a proper curriculum and teaching method should be devised..

b. Students in this course come with diverse backgrounds and abilities. In light of this, we will offer not only courses that are tailored to their interests or research topic, but also classes that will reinforce any basic academic abilities that are lacking by means of various teaching methods. The curriculum should also be systematic, by designating required courses. Both full-time and part-time faculty members should be effectively deployed.

c. We will reconsider the criteria for conferring degrees on the basis of research papers. We will also consider other means of conferring degrees. 

d. We will consider the consolidation of the gFlex Courseh and the Advanced Course.

e. We will further consider the relationship between the gLaw Schoolh that will be established shortly, and the existing graduate and undergraduate education.

 

v.iii. International courses

a.                                  LL.M. & LL.D. Courses. The program is designed to provide international and Japanese students with the ability to confront the many challenges of international economic affairs. Taught in English from a Japanese perspective, the program seeks to develop a critical understanding of Japanese economic and legal principles within the framework of international law.

b.                                 Comparative Study of Policies and Administration in Asia (CSPA) Program.  Based upon the examination and evaluation of our experience, we will reconsider the curriculum, deployment of the faculty, testing of English proficiency (for non-native English speaking students), and criteria for conferring degrees.

 

vi. Goals related to the advancement of the quality of education in general

a.                                  We will familiarize the faculty, administrative staff, and students with the mission, educational aims, and educational targets of the Graduate School of Law. The relationship of individual courses to the educational aims and targets should also be made clear to the students.

b.                                 We will devise a curriculum and timetable that will encourage progressive and systematic enrollment in the classes, so students wonft concentrate too much on narrow areas. We will also constantly review the curriculum from an educational viewpoint, and implement prompt revisions whenever necessary.

c.                                  Strict assessment should be carried out to enable the evaluation of the achievement of the educational aims.

d.                                 In order to facilitate the achievement of the educational aims, student evaluation of the curriculum as a whole and of individual courses should be carried out on a regular basis.

e.                                  With a view to facilitating the achievement of the educational aims, Faculty Development (FD) based on self-evaluation and student evaluation should be carried out.

f.                                   The admission policy of the Graduate School of Law should reflect the educational aims. Admission criteria should be made clearer and the admissions process more transparent.

g.                                  We will occasionally allow undergraduate students to take graduate school classes. In this regard, we will establish standards relating to class designation and qualification of undergraduate students, so this will not adversely affect the educational quality of the graduate school.

h.                                  Student support should be further developed. Such support should include the reduction of the cost of educational services to the students by improvement of the educational environment, streamlining of various administrative procedures, and enhancing incentives to conduct individual study.

i.                                    Evaluation and the implementation of the results of such evaluation should be further systematized. All operational activities relating to education should be subject to constant self-evaluation, as well as outside-evaluation, in the light of the educational aims and goals outlined above. Mechanisms will be implemented to assess the result of the evaluation in the improvement of education. The educational aims and targets themselves should be subject to constant review in the light of changing social needs.