730-327 Issues in Japanese Law

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

Japan is a large creditor nation and its legal system has presented a regulatory and organisational blueprint for developing countries, particularly in Asia. Yet its government is actively seeking economic and social reform through legislative means. This makes it an exciting and challenging time to study Japanese law.

In this subject, we will unpack the stereotypes about Japanese law as we explore topics such as: the periodic adaptation of Japanese law to new challenges; nationality law and demands for new civil rights; expectations of gender and racial equity; dispute resolution and contracting; Japan's use of the death penalty; and the failures and successes of commercial law reform. The subject also considers how you might use your law degree to practise in Japan and the framework regulating practice by non-Japanese in one of the world's largest demand economies for legal services.

Based around a range of English language resources, the subject uses lecturers, seminars, class discussion, hypothetical problems, film, documentaries and the internet to get inside Japanese law. It offers a stimulating opportunity to consider foreign and 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.

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%).

Printed materials will be issued by the Faculty of Law.