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Number 228
Subject SPECIAL LECTURE AND SEMINAR
Title Japanese Judicial Institutions
Offered
this year
Yes
Instructor A Ogawa
Other
instructors
['M Sato', 'T Hirano']
Format Lecture
Term offered 2nd
Open to years M1
Schedule Thursday 4
Credit 2
Course
outline

本講義は、日本についてほとんど知らないという状況のまま入学している本コース留学生に、日本社会、日本法についての概括的な情報を提供するために、弁護士の方と名大の教員が協力して、裁判所、検察庁、弁護士会、法務関連機関、企業等の訪問を軸に、日本の法制度の学習を行い、それらの総合学習を踏まえ、自国の制度と社会と比較し、自国の未来を展望するレポートを提出させるという、講義と実地見学を組み合わせた講義です。

講義では、資料の予習、実地見学前の概説、実地見学、見学に基づく質疑応答、自分の国の制度との比較を通じた自国の法と社会のより的確な理解を深めることを目標とています。日本社会と日本法を知るための実地見学を本講義ではかなり重視しています。講義の達成目標は、半年の講義で日本の社会と法制度の全体像について、一定の実感をもってもらうことです。 

It would appear that the overseas students entering the LL.M. in Comparative Law Program (English-taught program) arrive knowing very little about Japan. However, the curriculum of this course deals with advanced theories of law in each of its lecture series with a lack of explanations for those new to Japanese law and society. Therefore, to give overseas students some general information regarding Japan, this course is run, in conjunction with the Aichi Prefectural Bar Association (International Special Committee) and the teaching staff of Nagoya University.

Lectures are given in conjunction with onsite visits (around half the time for each. Several lectures are taken). The lectures consist of the prior study of relevant materials, explanations before visits, question and answer sessions based on the visits, and the comparison of the system in Japan with one's own country so as to further one's understanding of the law and society of one's country. It is important that the onsite visits become the core part of the lectures so as to enhance one's knowledge of Japanese society and law.

Emerged in this varied learning experience, students make comparisons with their own countries' system and society, and submit reports on the future perspective they have for their country. Over the course of a half year of lectures, students will be given a vivid impression of the overall shape of Japanese society and the legal system.

Course
objective

The ultimate objective of this lecture is, through both desk works and onsite visits, to obtain fundamental knowledge of Japanese judicial system and to help develop your insights and understandings of various legal issues of your own, from comparative aspect. This lecture substantially weighs on "experience and involvement" in many judicial spots and scenes in Japan. You will explore the inside and outside of Nagoya Keimusho(=jail), visit Nagoya District Court to meet and talk with a judge and a court secretary in a real court room, and call on Aichi Bengoshikai(=the bar association) to encoutner both new and estabilished practioners, as well as to have study aways to Osu and Toho Gas co., Ltd. Also, you will be highly expected to play an essential part in the moot criminal court, choosing either a judge, a prosecuter, a defense counsel, or witness, or make a presentation on your reserch from comparative approach.

It is not essential to have some background knowledge in Japanese judicial systems or Japanese laws. However, it is of paramount importance to be full of interest and passion for your study and to participate in class discussions and study aways, and just enjoy your explorations positively and spontaneously throughout this course. The class is conducted mainly in English. Also, if your guest speaker is not used to English, English translation is always followed. However, you are also expected to acquire and understand relevant Japanese legal terminologies. If you know some of these, your study through this lecture will always be more productive and fulfilling.

Evaluation

1) participation 50% (attendance and active contribution in class)

2) paper examination 50%

Prerequisites good English skills
Remarks

1) in the moot trial, students will be expected to perform either the judge, the prosecuter, the defense counsel, the witness, or the defendent.

2) in the class, you may be expected to make a short presentation.