Topics in Comparative Law

Kwang Jun TSCHE

Goal of Class
   The goal of this course is to let students have better understanding for comparative law and the world legal system. After demonstrating similarities as well as differences from the European continental law and common law system we will deal with various legal topics in the contemporary Japanese and Korean society.
   Topics to be addressed in the course are: legal profession and education, judiciary and legislative branches, war powers, conscientious objection to military service, freedom of religion, minority groups in the society, jury trials, North and South Korean conflict, transitional justice, Japanese and Korean civil code and private international law reform in the 21st century, Anti-Discrimination Acts in European Nations etc.
   The course is designed to be a dynamic and interactive exploration of Law and Society in Japan and Korea as well as world legal history. Case study and wide ranging discussions are actively encouraged.

Requirement / Prerequisite
   There are no specific prerequisites for the course, though students will be assumed to have a general background in legal studies. All the classes and class discussions will be conducted in English only

Course Syllabus

    Week 1: Introduction to comparative legal studies: legal traditions
    Week 2: Roman law in Japanese and Korean law: Survival, Revival and Reception
    Week 3: Nation States, National Law and Codification
    Week 4: Interpretation of Statues
    Week 5: German Legal Science
    Week 6: Common Law Tradition
    Week 7: Judges and Legal Scholars
    Week 8: Judicial Reform in Japan and Korea: Legal Education and Legal Profession
    Week 9: Judicial Reform in Japan and Korea: Lay Judge System
    Week 10: Constitutional Law: War Powers / Conscientious Objection to Military Service / Freedom of Religion / Minority Groups
    Week 11: Anti-Discrimination Acts in European Nations
    Week 12: State Crime and Transitional Justice I: South Africa, Latin America
    Week 13: State Crime and Transitional Justice II: USA, Korea
    Week 14: US military in Japan and Korea: Statute of Forces Agreement (SOFA)
    Week 15: Contracts: Negotiation, Formation of Contracts in comparative aspect / Japanese and Korean Reform of Civil Code and Private International Law

Text Book
   No Text Book is required. The course materials will be provided in the class.
   The following references are recommended
   -Merryman, John Henry, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (2007)
   -Milhaupt/Ramseyer/West, The Japanese Legal System: Cases, Codes, and Commentary (2006)

Grading Policy
   Assessment is based on attendance (20%)
   participation in class discussion (20%)
   one individual presentation (30%)
   one written assignment (30%).
   Students may choose one fundamental legal case of their own interest and from any country for individual presentation.

Other Remarks
   The syllabus is tentative. We may move somewhat faster or more slowly as the semester progresses. In addition, additional readings can be added or omitted. In case the students will be notified in advance.

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