730-327 Law and Society In Japan

Credit Points

12.5

HECS Band

3

Coordinator

Professor M Smith, Ms S Steele

Prerequisites

Torts and the Process of Law; History and Philosophy of Law I and II. No knowledge of Japan or Japanese language is assumed.

Semester

Summer (view timetable)

Contact

Intensive

Subject Description

Despite its moribund economy, Japan remains one of the world's largest creditor nations whose legal system has presented a regulatory and organisational blueprint for developing countries. In order for us to explain this apparent contradiction, it is important for us to understand Japan's social and legal dynamics. How is it that an unemployed 28-year old Japanese woman can afford a LV handbag? In this course, we will unpack the myths and stereotypes about Japanese law and society as we explore subject areas such as: the periodic adaptation of Japanese law to new challenges; what it means to be 'Japanese'; demands for new civil rights and expectations of gender and racial equity; dispute resolution and contracting in Japan; and the failures and successes of corporate governance. It is an exciting and yet challenging time for Japanese society as the government actively pursues economic and social reform through legislative means. The course also considers how you might use your law degree to practise in Japan and the regulatory framework for legal practice in one of the worlds largest demand-economies for legal services. Based around a range of English language resources, the course uses lectures, seminars, class discussion, film, documentation and the Internet to consider comparative law issues in an Asian legal system context.

Note: This is an approved legal theory subject. The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

Assessment

If the enrolment is less than 50 students: a research assignment of 5000 words (100%) OR a final examination three hours (100%).

or

If the enrolment is more than 50 students: a final examination three hours (100%).

Prescribed Texts

Printed materials will be issued by the Faculty of Law.



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