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Japanese Law in Context - LAWS4127
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course will be taught either online delivery or intensive week-long program in Kyoto, Japan. In this course, you will use Japan as a case study to develop the skills of cross-cultural reasoning - the ability to discern how culture, politics, economics, institutional design and other variables impact on the operation of a foreign legal system. Cross-cultural reasoning is critical for lawyers to advise effectively on transnational deals and for policy-makers to fashion strategic international and regional policy solutions. Specifically, you will develop the skill of cross-cultural reasoning by critically analysing Japan's system of civil litigation - that is, the way in which the Japanese legal system defines civil rights and resolves conflicts.

The Kyoto Seminar is a week-long intensive examining "Japanese Law in the Global Era". In this seminar, you will learn with Japanese students, other Australian students from Sydney and ANU, and Asian and African students currently studying as international students in Japan. This seminar is for participants to gain the knowledge and perspective necessary to understand the background and characteristics of current developments in important aspects of Japanese law and society.

LLM Specialisation

Asian Law

Recommended Prior Knowledge

None

Course Objectives

To go beyond a mere description of the 'external' contours of the Japanese legal system and explore the 'internal' workings of the system.

Main Topics

  • Introduction - identifying the challenges involved in engaging with Japanese law and why it is important to do so
  • Japanese Legal Texts - providing a textual outline of the Japanese legal system, namely the sources of Japanese law and the institutions that oversee the enforcement of those texts
  • Contexts - outlining the contextual factors commentators have identified as primarily influencing the operation of Japanese law - namely culture, institutional design, politics and economics - both today and historically
  • Texture - examining how legal actors participate in the legal system to create system-specific values and cultural meanings of law
  • Conclusions - examining the commonalities and tensions in the debates on Japanese law; evaluating the extent to which the different analytical models of Japan sufficiently accommodate massive law reforms currently underway in Japan; and drawing lessons on how different analytical models of Japanese law may influence legal, business, political and academic engagement with Japan

Assessment

You have great flexibility in determining the assessment scheme in this course. The only compulsory requirement is online participation (25%). There is some variation in the available assessment options and their weighting, but the following is indicative of the range of assessment options you may select:

Online/class participation
Reflective notes portfolio
Content module
Literature Review
Research essay
Conference paper
Viva voce
Annotated bibliography

Course Texts

Prescribed
Refer to Course Outline provided by lecturer.

Recommended
Refer to Course Outline provided by lecturer.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.