Admission requirements
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).
Description
Asia is on the rise in a global world, and law and governance are key to this process. The present course examines the legal cultures and traditions of two major countries in the Asia-Pacific region, and it examines to what extent they provide support for the rule of law and access to justice. The course starts with a general introduction into the origins and features of the major legal systems of this region in a globalised world. It considers colonial and post-colonial law, state and non-state law, religious and secular law and proceeds with an analysis of the key concepts of rule of law, access to justice and legal culture in the Asia-Pacific context.
Subsequently the focus will shift to look more in-depth to China and Indonesia. For each of these countries topics will be selected that provide particularly salient insights into the state of the rule of law, the extent to which citizens have access to justice, and what is special about their respective legal cultures. These topics may range from the role of constitutional courts in political process to access to justice in labour disputes, and from participation of citizens in criminal procedure to divorce proceedings. The approach of the course is socio-legal: the emphasis is on the functioning of law and governance in practice. This means that students will also become familiar with aspects of society and politics in the countries studied.
At the end of the course the insights gained will be combined in a broader comparison. Are legal systems in Asia converging or diverging and do they have a specific place in the global system so that we can actually speak of Asian law?
Course objectives
At the end of this course, students will be able to:
Explain the main features of the development and functioning of law and governance in the East and Southeast Asia region, in particular China and Indonesia, using key concepts such as rule of law, access to justice and legal culture.
Define these concepts and explain how they relate to a bottom-up and a top-down approach of law and governance in Asia.
Critically assess orally and in writing academic articles and more popular claims about law and governance in Asia.
Independently use English language materials to critically evaluate the abovementioned subject; and to present their findings in short oral and written assignments.
Timetable
Zie MyTimetable.
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.
Lectures
Number of (2 hour): 5
Name(s) of lecturer(s): Adriaan Bedner, Rogier Creemers, Santy Kouwagam.
Required preparation by students: Tba
Seminars
Number of (2 hour): 5
Name(s) of lecturer(s): Adriaan Bedner, Rogier Creemers, Santy Kouwagam.
Required preparation by students: Tba
Assessment method
Examination form(s)
Essay (60%);
Group assignment & presentation (40%);
Reading responses.
Participation in the group assignment & presentation (which counts for 40% of the final grade) and the reading responses is obligatory to submit the Essay.
If the overall grade for this course is lower than 5,5, the Essay can be retaken. If a student has not passed the course by the end of the academic year, the scores on the assignments 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 seminars and all other instructions which are part of the course.
Reading list
Obligatory course materials
Syllabus: will be made available via Brightspace
All the course materials will be accessible via Leiden University Catalogue or Brightspace
Recommended course materials: May be announced during the course.
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
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.
Contact
Coordinator: Santy Kouwagam
Work address: KOG, t.b.a.
Contact information: by appointment via email
Telephone number: +31 (0) 71 527 7260
Email: s.u.kouwagam@law.leidenuniv.nl
Institution/division
Institute: Metajuridica
Department: Van Vollenhoven Institute
Room number secretary: KOG, room B1.14
Opening hours: Monday-Thursday 9.00 - 12.30 and 13.30 -16.00 h.
Telephone number secretary: +31 (0) 71 527 7260