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年度 2017 開講期 後期 曜日 木曜日 時限 2 単位 2 コード 308
授業科目 アジア法
専攻 国際協力専攻
プログラム ガバナンスと法プログラム
教員 島田
目的・概要

Purpose of Course:

Legal systems that we are familiar with have developed historically in the West European world (with Greek civilization, Christian moral value and Roman law tradition), and then spread to worldwide through colonization or voluntary reception. Thus "law" and concepts related to "law" are transplanted ones onto societies that have never had it. As a result, the interaction between state law and social, cultural, economic situations in non-European countries create complex legal situations in daily life that are different from the case in European society. The concept of "human rights" is the one of most
famous production of the West-European law world. In addition to this, because, in developing countries, government plays major role in national development through regulatory measure including the restriction on certain rights, thus analysis on legal system, a typical form of governmental power, is indispensable in development study. This course will argue how constitutional law, especially human rights protection, interacts with social, economic and cultural particularity in a non-European country.

Expected goal:

- Participants should obtain the knowledge on key theories about Asian law (or non-European law).
- Participants should understand the some important arguments on validity of "human right" concept worldwide, as well as their historical and social background.
- Participants should be able to understand how human rights protection is provided in constitutional law as well as how the limitation of human rights is provided in each country.
- Participants should understand the relation of human rights and development in the Asian countries.


計画

First Part: Overview of Asian Law and human rights

1. Argument on Human rights: Asian way, right to development etc.

2. Analytical frame work of Asian Law: discuss through Yasuda's hypothesis

3. Universality and particularity of human rights: comparing some international and regional documents on human rights

4. Differences and common features of Asian countries in constitutional protection of human rights 5. Civil and political rights
6. Social rights
7. Some other important issues: state of emergency and human rights enforcement system.

Second part: Case study

Case studies through analyzing the constitutional provisions on human rights in selected Asian countries. (Moderated by participants)


テキスト・参考文献など

Materials will be instructed in the course.
 


成績評価

Short essay and contribution to discussion (especially in second part)


授業での使用言語・その他

English