大学院
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最終更新日：2025年4月21日
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最終更新日：2025年4月21日
授業計画や教室は変更となる可能性があるため、必ずUTASで最新の情報を確認して下さい。
UTASにアクセスできない方は、担当教員または部局教務へお問い合わせ下さい。
法のパースペクティブ: Outsiders and Criminal Justice in Japan
A socio-legal perspective on the real rule of law in Japan
This course provides a critical and interdisciplinary overview of the major legal and political developments that have shaped - and continue to shape - Japanese society. Drawing on perspectives from political science, law, history, and sociology, the course emphasizes both top-down and bottom-up processes in Japanese governance. It focuses on how law operates within society, particularly through constitutional, criminal, and civil law. However, the aim is not to analyze these laws in isolation, but to explore how they function within the social fabric of Japan.
Law is a fundamental aspect of everyday life in all societies: it provides predictability, helps avoid anarchy, and secures cooperation among members of society by prioritizing the common good over individual gain (law as a tool for stability in society). Law is also a tool for action when people or groups feel excluded, discriminated against, or believe they are being treated unjustly (law as a tool for social change). This course examines the central features of Japan's legal system, viewing law as a social institution and exploring its relationship with other societal systems. We will focus on the role of key actors in the legal system and the interplay between social stability, and change. Additionally, the course emphasizes the relationship between law and broader economic, political, and social processes.
From the perspective of the sociology of law (or socio-legal studies), we will examine how law serves as both a practical resource for addressing social issues (a tool for change) and a set of shared representations and aspirations (for stability). The course will explore how legal professionals (lawyers, judges, law enforcement officers) and ordinary citizens mobilize and use law. Due to time constraints, we cannot cover every aspect of Japan’s legal system or every actor involved. Instead, we will focus on key topics that illustrate the situational and systemic demands placed on actors within the legal system. At the same time, we will seek to identify patterns in how law interacts with and influences society.
Some of the topics we will address include Japan’s exceptional record in economic development, crime control, and its low litigation rate. These topics exemplify why Japan's legal system is so efficient; not only by examining how it functions today, but also by tracing its historical roots and understanding why it evolved in this way. We will also address topics such as the death penalty, wrongful convictions, same-sex marriage, and other areas of social activism where law is used to drive social change. These topics reflect the "reverse side of the coin," where law may not function effectively, and social activism seeks to change the situation. In sum, we will analyze the actual evolution of the rule of law in both the past and present, with an eye on the future of Japan and its place in a globalizing world. Therefore, this course combines methodologies from the sociology of law and legal history. We will also critically assess the limitations of law in Japan, asking which social issues remain unresolved by the legal system. Is Japan’s legal system an example for other countries to follow, or not? Ultimately, the goal is to critically examine both the merits and flaws of Japan's legal system in an informed and balanced manner.
By studying how conflicts are resolved, how social order is maintained, how movements for social change emerge, and how legal frameworks operate within Japan’s socio-political context, students will develop a comprehensive understanding of Japan’s legal system from the Meiji era (1868–1945) to the present day. Each class will begin with a methodological introduction, providing students with tools from the sociology of law, followed by the analysis of primary materials (e.g., court decisions, political speeches, legislative texts, personal diaries) and secondary readings that offer academic context.
Law is a fundamental aspect of everyday life in all societies: it provides predictability, helps avoid anarchy, and secures cooperation among members of society by prioritizing the common good over individual gain (law as a tool for stability in society). Law is also a tool for action when people or groups feel excluded, discriminated against, or believe they are being treated unjustly (law as a tool for social change). This course examines the central features of Japan's legal system, viewing law as a social institution and exploring its relationship with other societal systems. We will focus on the role of key actors in the legal system and the interplay between social stability, and change. Additionally, the course emphasizes the relationship between law and broader economic, political, and social processes.
From the perspective of the sociology of law (or socio-legal studies), we will examine how law serves as both a practical resource for addressing social issues (a tool for change) and a set of shared representations and aspirations (for stability). The course will explore how legal professionals (lawyers, judges, law enforcement officers) and ordinary citizens mobilize and use law. Due to time constraints, we cannot cover every aspect of Japan’s legal system or every actor involved. Instead, we will focus on key topics that illustrate the situational and systemic demands placed on actors within the legal system. At the same time, we will seek to identify patterns in how law interacts with and influences society.
Some of the topics we will address include Japan’s exceptional record in economic development, crime control, and its low litigation rate. These topics exemplify why Japan's legal system is so efficient; not only by examining how it functions today, but also by tracing its historical roots and understanding why it evolved in this way. We will also address topics such as the death penalty, wrongful convictions, same-sex marriage, and other areas of social activism where law is used to drive social change. These topics reflect the "reverse side of the coin," where law may not function effectively, and social activism seeks to change the situation. In sum, we will analyze the actual evolution of the rule of law in both the past and present, with an eye on the future of Japan and its place in a globalizing world. Therefore, this course combines methodologies from the sociology of law and legal history. We will also critically assess the limitations of law in Japan, asking which social issues remain unresolved by the legal system. Is Japan’s legal system an example for other countries to follow, or not? Ultimately, the goal is to critically examine both the merits and flaws of Japan's legal system in an informed and balanced manner.
By studying how conflicts are resolved, how social order is maintained, how movements for social change emerge, and how legal frameworks operate within Japan’s socio-political context, students will develop a comprehensive understanding of Japan’s legal system from the Meiji era (1868–1945) to the present day. Each class will begin with a methodological introduction, providing students with tools from the sociology of law, followed by the analysis of primary materials (e.g., court decisions, political speeches, legislative texts, personal diaries) and secondary readings that offer academic context.
時間割／共通科目コード
コース名
教員
学期
時限
25-303-162
GLP-LP6216L2
法のパースペクティブ: Outsiders and Criminal Justice in Japan
Dimitri Vanoverbeke
火曜2限
マイリストに追加
マイリストから削除
講義使用言語
英語
単位
2
実務経験のある教員による授業科目
NO
他学部履修
可
開講所属
法学政治学研究科
授業計画
Session 1: Introduction to the seminar: Law, Politics, and Society in Japan: A Historical and Comparative Perspective
Session 2: Legal Actors, Institutions and Actors: The Reluctant Litigant?
Session 3: Crime and Criminal Policy: Police, Prosecutors and Yakuza and the paradoxes of an orderly society
Session 4: The role of law before Japan’s modernization: legacies to order and repression
Session 5: The transplantation of law in Meiji Japan
Session 6: Constitutional law and social change in postwar Japan: The Supreme Court’s Changing Role in a Society in Transition
Session 7: Prosecutors and Judges as Key Actors in Balancing Social Change with Legal Stability
Session 8: Political and Judicial Reforms of the 1990s: A Missed Opportunity for Change?
Session 9: Citizens in Today’s Criminal Courts: Their Impact on Japan’s Judicial System and Prospects for Strengthening the Rule of Law
Session 10: Cause Lawyering in Japan: Social Movements, State, and Citizen Engagement on Pollution, Hansen’s Disease, Hepatitis C, and Diversity Issues
Session 11: Using the Courts to Drive Social Change: Overwork Death, Deaf Rights, and Access to Death Row Prisoners
Session 12: Gender, Family, Law, and Politics: The Challenges of Driving Change
Session 13: Conclusion: Examining the Role of Law and the State-Citizen Relationship
授業の方法
This course employs a mixed-method approach, combining qualitative research (in-depth interviews, close readings of scholarly works) with quantitative data (statistics, surveys). Students are encouraged to explore additional sources, such as newspaper articles, documentaries, and academic papers, and to actively engage with the material through direct questioning or platforms like Slido for in-class discussions.
By integrating historical analysis with contemporary case studies, the course aims to cultivate a deep, interactive understanding of Japanese law and politics, fostering an interactive learning environment that promotes critical reflection and debate.
成績評価方法
筆記試験を行わない
No written exam
平常点を考慮する (participation in class) (40%)
レポートを課す (report) (60%)
(成績評価方法: A+・A・B・C・F)
教科書
none
参考書
oUpham, F. K. (1987). Law and social change in postwar Japan. Harvard University Press.
oHaley, O. J. (1994) Authority without power: Law and the Japanese paradox. Oxford University Press.
oJohnson, D. T. (2002). The Japanese way of justice: Prosecuting crime in Japan. Oxford University Press.
oVanoverbeke, D. (2015) Juries in the Japanese Legal System: The continuing struggle for citizen participation and democracy. Routledge, Asian Law Series.
oArrington, L. C. (2016) Accidental activists: Victim movements and government accountability in Japan and South Korea. Cornell University Press.
oSteinhoff, G. P. (2016) Going to court to change Japan: Social movements and the law in contemporary Japan. University of Michigan Press.
oJones, P.A. C. (2019) Obey, Not Know: Essays on Japanese Law and Society, Kurodahan Press.
履修上の注意
Students enrolling in this class are expected to actively engage in constructive and thoughtful discussions. A proactive approach is essential, as the exchange of ideas and perspectives forms the foundation of our learning environment. Your participation will not only enrich your own understanding but also contribute to the collective growth of the class.
