This course is suitable for 2nd and 3rd year students in law, social sciences (e.g. anthropology, sociology, development studies, public administration), and humanities (history, area studies, arts). Non-law students should be willing to acquire a basic understanding of legal scholarship, whereas law students should be willing to engage in subjects beyond the rules of black letter law. For this course a sufficient command of English is required (IELTS 6.5 or higher).
Japan is often considered ‘unique’. It is the third largest economy in the world and it was the first country in Asia to adopt a modern, Western legal system. Yet, the Japanese economy seems to work in a different way than other developed capitalist economies do and so does its legal system, seem to have a logic of its own. Japanese are said to be non-litigious, to value harmony over anything else, and to be critical of rights-based discourses. Contracts are not spelled out, the government uses typical administrative means of ‘guiding’ firms into particular behaviour and before one can get a divorce one first needs to get past elderly mediators who try to convince one to stick to the marriage.
The question is how much of this is true. This course ventures beyond the stereotypes, asking what the particularities of Japan’s legal system are and how this system operates in practice. It explores the relationship between law and society, looking at the constitution, family law, labour law, company law, civil law, criminal law, and international law. Particular attention is devoted to law ‘in action’ and ‘informal’ procedures and practices relevant to the functioning of national laws and policies. As will become clear, ‘informal’ procedures and practices – that is: procedures and practices not strictly governed by formal legal rules – have been an important, institutionalized part of the practical functioning of these laws and mechanisms. This ‘institutionalization of informality’ can be understood against the government’s historical efforts to prevent ‘over-juridification’ of society as well as a ‘rule by law’ approach to governance. Besides examining socio-cultural contexts in which the Japan’s legal system operates, the impact of recent rule of law-oriented (and at times politically motivated) reforms will be addressed.
This course has two aims. First, it will provide students with a toolkit to understand the relationship between law and society from a theoretical perspective. It will thus help students to reflect on their own legal systems and to view these as the result of particular historical processes instead of something ‘given’. Second, it will provide a comprehensive introduction to Japanese law and society and distinguish the stereotypes from reality.
Objectives of the course
After having taken this course, students will have become familiar with theories concerning the interaction between law and society, which enable them to apply the theories to other case studies. They also will gain a basic knowledge about socio-cultural and political environment of Japan's governance structure, distinguishing the stereotypes from reality.
The following achievement levels apply with regard to the course:
Student is able to explain the main features of Japan’s law and policy and identify the relevant socio-cultural and political context.
Student is able to identify and explain the key theoretical aspects of interaction between law and society.
Student is able to evaluate case studies in the light of the above two points.
Student is able to critically reflect on the relevant concepts such as ‘society’, ‘culture’ and ‘governance’.
Student is able to effectively present the legal questions concerning a specific case to audience, and thereby contribute to the debate.
Student is able to independently use English language materials to critically evaluate the abovementioned subjects, and to clearly formulate his/her arguments in short written assignments.
The timetable of this course can be found in uSis.
Mode of instruction
The course uses a variety of teaching methods, including lecturing, student group presentations and debate. Students are expected to prepare well and participate actively in class.
Number of lectures (2 hour): 12
Following subject matters will be discussed:
Legal history of Japan and theories of legal transplant
Constitution and political environment
Company law and business structure
Labour law and organizations
Citizenship and civil registration system
Alternative Dispute Resolution
The prosecution of crime and the jury system
Criminals and victim participation
The Hague convention and child abduction cases
Death penalty: legal system and public opinion
Name(s) of lecturer(s): Guus Heerma van Voss, Erik Herber, Hoko Horii
Required preparation by students: T.b.a.
Group presentation (20%)
Three short written assignments (20%)
Final exam (60%)
If the overall grade is lower than 5,5 the student can do a retake of the exam. If a student has not passed the course by the end of the academic year, the scores on the assignments, the presentation and the (re-)exam are no longer valid.
Areas to be tested within the exam
The examination consists of the required reading (literature) for the course, the course information guide, the contents of the lectures, and the seminars and all other instructions which are part of the course.
More information on this course is offered in Blackboard.
Obligatory course materials
Syllabus will be made available via Blackboard
Recommended course materials:
May be announced during the course
Students have to register for courses and exams through uSis. Exchange students have priority and will be registered for the course first. Any remaining seats will be available for students from Leiden University and other Dutch Universities.
Co-ordinator: Hoko Horii
Work address: KOG
Contact information: by appointment via email
Department: Van Vollenhoven Institute
Room number secretary: KOG, room B3.13
Opening hours: Monday - Friday 9.00 - 12.30 and 13.30 - 16.00 h.
Telephone number secretary: +31 (0)71 527 7260