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
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, 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.
Course objectives
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. 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.
At the end of this course, students will be able to:
explain the main features of Japan’s law and policy and identify the relevant socio-cultural and political context;
identify and explain the key theoretical aspects of interaction between law and society;
evaluate case studies in the light of the above two points;
critically reflect on the relevant concepts such as ‘society’, ‘culture’ and ‘governance’;
effectively participate in a group project;
present legal questions concerning a specific case to an audience through digital presentations, and thereby contribute to the debate;
independently use English language materials to critically evaluate the abovementioned subjects, and to clearly formulate his/her arguments in short 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 lectures (2 hour): 10
Name(s) of lecturer(s): Guus Heerma van Voss and Hoko Horii
Required preparation by students: t.b.a.
Following subject matters will be discussed:
Legal history of Japan and theories of legal transplant
Labour law and organizations
Age of consent law
Alternative Dispute Resolution
The prosecution of crime and the jury system
The Hague convention and child abduction cases
Death penalty: legal system and public opinion
Assessment method
Examination form(s)
Reading response on Forum and participation in the class (20%)
Group project (30%)
Essay (50%)
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.
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
Co-ordinator: Hoko Horii
Work address: KOG, Steenschuur 25, 2311 ES Leiden
Contact information: by appointment via email
Telephone number: +31 (0) 71 527 7260
Email: h.horii@law.leidenuniv.nl
Institution/division
Institute: Metajuridica
Department: Van Vollenhoven Institute for Law
Room number secretary: KOG, room B1.14
Opening hours: Monday - Friday 9.00 - 12.30 and 13.30 - 16.00 h.
Telephone number secretary: +31 (0)71 527 7260