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Law and Social Change in Postwar Japan by Frank K. Upham
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9780674517868 - Law and Social Change in Postwar Japan by Frank K. Upham
Learn More - opens in a new window or tab. Report item - opens in a new window or tab. The course will introduce several issues in contemporary Japanese and Chinese law and legal systems. To the extent possible, the topics will be organized thematically, rather than by country. In other words, we will address themes such as dispute resolution, the nature of the judicial system, the role of law in economic growth, or criminal justice as problems facing every society and use the examples of China and Japan to illustrate distinct approaches to what are universal issues.
The mode of evaluation, i. The course will cover the various theories of the role that law and legal institutions play in economic, social, and political development and use case studies from selected countries to evaluate these theories. Approaches range from neoclassical economics to cultural determinism to institutional sociology and will include the work of authors like Douglass North, Amartya Sen, and Hernando de Soto.
Law and Social Change in Postwar Japan
We will examine the impact on development of a range of alternative legal structures but with an emphasis on land law, the structure of the judiciary and legal profession, and anti-corruption efforts. We will also examine the impact and influence of economic globalization; the role of external organizations such as the World Bank, the WTO, or USAID; and the role of factors such as culture, history, and politics.
In addition to the usual reading materials, we will watch up to four movies relating to law and development. These will be integral parts of the required materials. This seminar is a necessarily idiosyncratic survey of the history and development of law, legal institutions, and legal thought in East Asia from the origins of political philosophy in early China to the dynamics of contemporary legal reform in the region.
We begin with the competing philosophies of ancient China -- Confucianism, Legalism, and Taoism -- and the underlying assumptions about law, human nature, and society of each.
We then trace their influence on the growth of legal institutions in imperial China and feudal Japan, with specific reference to the legal processes of Qing dynasty China 17thth centuries and Tokugawa Japan 17thth centuries. We are especially interested in the extent to which Japan and then China chose to incorporate Continental European and Anglo-American models in their modernization efforts. With this historical and intellectual foundation, we then examine the contemporary legal institutions of the People's Republic of China, Taiwan, and Japan with some attention to Korea and Vietnam.
Throughout the seminar we will be attentive to the question of to what extent, if at all, East Asian legal systems share common features and whether they themselves now offer a distinctive model for contemporary world legal systems.