日本語 English
| 開講年度/ Academic YearAcademic Year |
20242024 |
| 科目設置学部/ CollegeCollege |
法学部/College of Law and PoliticsCollege of Law and Politics |
| 科目コード等/ Course CodeCourse Code |
EX093/EX093EX093 |
| テーマ・サブタイトル等/ Theme・SubtitleTheme・Subtitle |
For a better understanding of our society, training your logical thinking skills and value judgment |
| 授業形態/ Class FormatClass Format |
対面（全回対面）/Face to face (all classes are face-to-face)Face to face (all classes are face-to-face) |
| 授業形態（補足事項）/ Class Format (Supplementary Items)Class Format (Supplementary Items) |
|
| 授業形式/ Class StyleCampus |
講義/LectureLecture |
| 校地/ CampusCampus |
池袋/IkebukuroIkebukuro |
| 学期/ SemesterSemester |
春学期/Spring SemesterSpring Semester |
| 曜日時限・教室/ DayPeriod・RoomDayPeriod・Room |
水2/Wed.2 Wed.2 ログインして教室を表示する（Log in to view the classrooms.） |
| 単位/ CreditsCredits |
22 |
| 科目ナンバリング/ Course NumberCourse Number |
LPX2201 |
| 使用言語/ LanguageLanguage |
英語/EnglishEnglish |
| 履修登録方法/ Class Registration MethodClass Registration Method |
科目コード登録/Course Code RegistrationCourse Code Registration |
| 配当年次/ Assigned YearAssigned Year |
配当年次は開講学部のR Guideに掲載している科目表で確認してください。配当年次は開講学部のR Guideに掲載している科目表で確認してください。 |
| 先修規定/ Prerequisite RegulationsPrerequisite Regulations |
|
| 他学部履修可否/ Acceptance of Other CollegesAcceptance of Other Colleges |
履修登録システムの『他学部・他研究科履修不許可科目一覧』で確認してください。 |
| 履修中止可否/ Course CancellationCourse Cancellation |
〇（履修中止可/ Eligible for cancellation） |
| オンライン授業60単位制限対象科目/ Online Classes Subject to 60-Credit Upper LimitOnline Classes Subject to 60-Credit Upper Limit |
|
| 学位授与方針との関連/ Relationship with Degree PolicyRelationship with Degree Policy |
各授業科目は、学部・研究科の定める学位授与方針（DP）や教育課程編成の方針（CP）に基づき、カリキュラム上に配置されています。詳細はカリキュラム・マップで確認することができます。 |
| 備考/ NotesNotes |
（旧科目名：法学特殊講義(Contract)） |
This course is designed to provide students with basic knowledge of Japanese contract law. The course has three primary objectives.
The first one is to understand our civil life from the legal lense. Since people cannot live without making contracts (e.g., riding in the train, buying sandwiches at a convenience store, and getting a cell phone), contract law is the closest law to our society. Therefore, through learning contract law (i.e., the ways it operates and solves disputes), students can also learn the ways our society operates.
The second one is to train students' value judgment. Almost every contract law-related dispute involves multiple parties' competing interests, each one of which deserves to be carefully analyzed and considered. Academics' discussions also provide competing opinions and various approaches to solve disputes. Through case studies, the students can train the way of balancing competing interests and constantly test their own value judgment. The last objective is to train logical thinking skills. Contract law is the law of logic. Through learning the ways of interpreting contract law, students can train their logical thinking skills.
The lectures will be provided with PowerPoint slides. However, the sessions will be based on the discussions with the students.
Reading materials will be provided in class. Read the assigned material before each session. Students are required to participate in classroom discussion based on the reading assignment that has been given for the session. To help provide the requisite motivation to stay current on the readings, students may be called on in class.
Active participation in class is expected from everyone. Please note that class participation makes up a signifcant portion of your grade, which means that you must come to class diligently prepared to take part in interactions in class. Also be aware that credit is not given merely for attendance. Your participation, not presence, is what counts toward your grade. The success of the course will depend greatly on your preparedness for class and willingness to engage in dialogue in class. If missing a session is unavoidable, you are responsible for finding out from a fellow classmate what was informed, dealt with, and discussed during the session.
Writing assignments will also be given. Writing assignments must be submitted by the due dates. A late assignment may be accepted with the instructor’s explicit permission, but deductions will be made for each day the assignment is late. Your grade will suffer substantially if you miss an entire assignment.
Topics for presentations, classroom discussions, and writing assignments involve mainly examinations of cases and elaborations of opinions on topics that are to be discussed in class.
| 1 | Introduction to the course |
| 2 | Characteristics of Japanese contract law: meaning of civil law, the Civil Code, and the General principles of civil law |
| 3 | The concept of contract: What do you mean by "contracts"? (1) |
| 4 | Remedies in Contracts (1): How does the law enforce contracts? What does it mean by “enforcing the contract"? |
| 5 | Remedies in Contracts (2): Ways of providing remedies for contractual default Understanding different approaches to provide the remedies |
| 6 | Remedies in Contracts (3) |
| 7 | Remedies in Contracts (4) |
| 8 | The concept of contract, revisited |
| 9 | Liquidated damages |
| 10 | Consumer contracts and freedom of contract (1) |
| 11 | Consumer contracts and freedom of contract (2) |
| 12 | Law of risk allocation (1) |
| 13 | Law of risk allocation (2) |
| 14 | Reviewing the sessions |
板書 /Writing on the Board
スライド（パワーポイント等）の使用 /Slides (PowerPoint, etc.)
上記以外の視聴覚教材の使用 /Audiovisual Materials Other than Those Listed Above
個人発表 /Individual Presentations
グループ発表 /Group Presentations
ディスカッション・ディベート /Discussion/Debate
実技・実習・実験 /Practicum/Experiments/Practical Training
学内の教室外施設の利用 /Use of On-Campus Facilities Outside the Classroom
校外実習・フィールドワーク /Field Work
上記いずれも用いない予定 /None of the above
No textbook is required. Translated materials and other copied materials will be provided only in class throughout the semester. I would recommend an A4-sized binder to keep track of the materials as they will likely be around 300 pages.
| 種類 (Kind) | 割合 (%) | 基準 (Criteria) |
|---|---|---|
| 平常点 (In-class Points) | 100 |
最終レポート(Final Report)(40%) Participation in the classroom discussion (including presentation)(40%) Homework assignment(20%) |
| 備考 (Notes) | ||
| The final report will take a form of take-home exam. The question will be notified a certain number of hours prior to the due date/time of the submission of the report. The exact number of hours (or the exact duration) from the notification of the question and before the submission of the report will be notified at the end of the course. (The duration is generally within 24 hours.) | ||
なし/None
| No | 著者名 (Author/Editor) | 書籍名 (Title) | 出版社 (Publisher) | 出版年 (Date) | ISBN/ISSN |
|---|---|---|---|---|---|
| 1 | Hiroshi Oda | Japanese Law | Oxford University Press | 2021 | 9780198869474 |
| 2 | Gerald Port Mcalinn | Comparative Law: Law and the Legal Process in Japan | Carolina Academic Press | 2003 | 0890894647 |
| 3 | Curtis Milhaupt, Mark Ramseyer and Mark Weat | The Japanese Legal System: Cases, Codes, and Commentary | Foundation Press | 2006 | 1609300297 |
This course is designed to provide students with basic knowledge of Japanese contract law. The course has three primary objectives.
The first one is to understand our civil life from the legal lense. Since people cannot live without making contracts (e.g., riding in the train, buying sandwiches at a convenience store, and getting a cell phone), contract law is the closest law to our society. Therefore, through learning contract law (i.e., the ways it operates and solves disputes), students can also learn the ways our society operates.
The second one is to train students' value judgment. Almost every contract law-related dispute involves multiple parties' competing interests, each one of which deserves to be carefully analyzed and considered. Academics' discussions also provide competing opinions and various approaches to solve disputes. Through case studies, the students can train the way of balancing competing interests and constantly test their own value judgment. The last objective is to train logical thinking skills. Contract law is the law of logic. Through learning the ways of interpreting contract law, students can train their logical thinking skills.
The lectures will be provided with PowerPoint slides. However, the sessions will be based on the discussions with the students.
Reading materials will be provided in class. Read the assigned material before each session. Students are required to participate in classroom discussion based on the reading assignment that has been given for the session. To help provide the requisite motivation to stay current on the readings, students may be called on in class.
Active participation in class is expected from everyone. Please note that class participation makes up a signifcant portion of your grade, which means that you must come to class diligently prepared to take part in interactions in class. Also be aware that credit is not given merely for attendance. Your participation, not presence, is what counts toward your grade. The success of the course will depend greatly on your preparedness for class and willingness to engage in dialogue in class. If missing a session is unavoidable, you are responsible for finding out from a fellow classmate what was informed, dealt with, and discussed during the session.
Writing assignments will also be given. Writing assignments must be submitted by the due dates. A late assignment may be accepted with the instructor’s explicit permission, but deductions will be made for each day the assignment is late. Your grade will suffer substantially if you miss an entire assignment.
Topics for presentations, classroom discussions, and writing assignments involve mainly examinations of cases and elaborations of opinions on topics that are to be discussed in class.
| 1 | Introduction to the course |
| 2 | Characteristics of Japanese contract law: meaning of civil law, the Civil Code, and the General principles of civil law |
| 3 | The concept of contract: What do you mean by "contracts"? (1) |
| 4 | Remedies in Contracts (1): How does the law enforce contracts? What does it mean by “enforcing the contract"? |
| 5 | Remedies in Contracts (2): Ways of providing remedies for contractual default Understanding different approaches to provide the remedies |
| 6 | Remedies in Contracts (3) |
| 7 | Remedies in Contracts (4) |
| 8 | The concept of contract, revisited |
| 9 | Liquidated damages |
| 10 | Consumer contracts and freedom of contract (1) |
| 11 | Consumer contracts and freedom of contract (2) |
| 12 | Law of risk allocation (1) |
| 13 | Law of risk allocation (2) |
| 14 | Reviewing the sessions |
板書 /Writing on the Board
スライド（パワーポイント等）の使用 /Slides (PowerPoint, etc.)
上記以外の視聴覚教材の使用 /Audiovisual Materials Other than Those Listed Above
個人発表 /Individual Presentations
グループ発表 /Group Presentations
ディスカッション・ディベート /Discussion/Debate
実技・実習・実験 /Practicum/Experiments/Practical Training
学内の教室外施設の利用 /Use of On-Campus Facilities Outside the Classroom
校外実習・フィールドワーク /Field Work
上記いずれも用いない予定 /None of the above
No textbook is required. Translated materials and other copied materials will be provided only in class throughout the semester. I would recommend an A4-sized binder to keep track of the materials as they will likely be around 300 pages.
| 種類 (Kind) | 割合 (%) | 基準 (Criteria) |
|---|---|---|
| 平常点 (In-class Points) | 100 |
最終レポート(Final Report)(40%) Participation in the classroom discussion (including presentation)(40%) Homework assignment(20%) |
| 備考 (Notes) | ||
| The final report will take a form of take-home exam. The question will be notified a certain number of hours prior to the due date/time of the submission of the report. The exact number of hours (or the exact duration) from the notification of the question and before the submission of the report will be notified at the end of the course. (The duration is generally within 24 hours.) | ||
なし/None
| No | 著者名 (Author/Editor) | 書籍名 (Title) | 出版社 (Publisher) | 出版年 (Date) | ISBN/ISSN |
|---|---|---|---|---|---|
| 1 | Hiroshi Oda | Japanese Law | Oxford University Press | 2021 | 9780198869474 |
| 2 | Gerald Port Mcalinn | Comparative Law: Law and the Legal Process in Japan | Carolina Academic Press | 2003 | 0890894647 |
| 3 | Curtis Milhaupt, Mark Ramseyer and Mark Weat | The Japanese Legal System: Cases, Codes, and Commentary | Foundation Press | 2006 | 1609300297 |