CC246106 Comparative Study of Law

Hiroshima University Syllabus

Japanese

Academic Year 2024Year School/Graduate School School of Education

Lecture Code CC246106 Subject Classification Specialized Education

Subject Name 法比較研究

Subject Name
（Katakana）ホウヒカクケンキュウ

Subject Name in
English Comparative Study of Law

Instructor HATA HIROTO

Instructor
(Katakana) ハタ　ヒロト

Campus Higashi-Hiroshima Semester/Term 3rd-Year,  Second Semester,  3Term

Days, Periods, and Classrooms (3T) Fri5-8：EDU K208

Lesson Style Lecture Lesson Style
(More Details) 　

Lecture and Reading of a Foreign Text or Article.
Reading of English books, Q&A sessions, Discussions, Students' papers. Criminology,Lecture's style: English Books Reading, and we're going to distribute prints of text, we will show our welcome to discussion.

Credits 2.0 Class Hours/Week 　 Language of Instruction J : Japanese

Course Level 3 : Undergraduate High-Intermediate

Course Area（Area） 24 : Social Sciences

Course Area（Discipline） 01 : Law

Eligible Students Mainly third and fourth year students on the Program in Social Studies Education are very much interested in the relations between "nation and society" or "nation and citizens"

Keywords Justice, Justitia or Themis, Criminology, Sociology of Delinquency
Juvenile delinquency, Deviation, Juvenile court, Treating a person within society, Correction in institutions, Offenders rehabilitation, Crime prevention, Probation

Special Subject for Teacher Education 　 Special Subject 　

Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students) One of specialized contents of legal studies from the international perspective.
Criterion referenced
Evaluation
(Applicable only to targeted subjects for undergraduate students) Secondary School Social Studies/Geography/History/Civic Education
（Knowledge and Understanding）
・With regard to civic education field in secondary social education, to have basic knowledge of its teaching contents.
（Abilities and Skills）
・To be able to collect, understand, analyze, and evaluate data and materials about studies related to social science.

Class Objectives
/Class Outline   You will understand the status quo of criminology in both of the United States (or Great Britain)  and Japan through the English text or article.To improve the contents and qualities of civics education, students will read English textbooks of university level about juvenile judicial system in America, and by understanding the American judicial system correctly and compering it with Japanese one, students will acquire objective point of view to be able to compare both systems and operation process fairly, as well as have abilities to analyze law phenomenon.  Additionally, as English abilities are now used as a common index to evaluate students' academic progress, reading a certain amount of easy English sentences written for American college students with a certain speed should be a good training method for the improvement of language abilities.

Class Schedule Lesson 1: Introduction; Selection of the text or article we will read.
Lesson 2: Preface of the text, Bibliography.
Lesson 3: Understanding and Criticizing some Statistics of the White Paper on Crime.

Lesson 4: Chapter 1 An Overview of Juvenile Justice in the United States p.1 (in 8th edtion, 2015)
Lesson 5: Chapter 2 The History of Juvenile Justice and Origins of the Juvenile Court p.30
Lesson 6: Chapter 3 Theories of Delinquency and Intervention Programs p.64
lesson 7: Chapter 4 The Legal Rights of Juveniles p.99
Lesson 8: Chapter 5 Juveniles and the Police p.134
Lesson 9: Chapter 6 Intake and Preadjudicatory Processing p.166
Lesson10: Chapter 7 Prosecutorial Decision Making in Juvenile Justice p.190
Lesson11: Chapter 8 Classification and Preliminary Treatment: Waivers and Other Alternatives p.213
Lesson12: Chapter 9 The Adjudicatory Process: Dispositional Alternatives p.248
Lesson13: Chapter 10 Nominal Sanctions: Warnings, Diversion, and Alternative Dispute Resolution p.282
Lesson14: Chapter 11 Juvenile Probation and Community-Based Corrections p.305
Lesson15: Chapter 12 Juvenile Corrections: Custodial Sanctions and Aftercare p.335

Students' preparation, review, and understanding level will be evaluated through document reading and Q & A sessions in every class, so there will be no final exam.

　Every time, One theme which interests students will be taken up from the themes below, and students will read the textbook in English with teacher's explanations, and have Q&A and discussion sessions regarding the judicial system and juvenile judicial system in Japan and the US.
　If students don't want to prepare for classes, they have to submit a paper at the end of a semester. If they prepare for the class every time, they don't need to write a paper at the end. They will choose either way at the beginning. (The latter way will give students more opportunities to read English textbooks.)
　Theme of each chapter: 1 Introduction: Basic concept, history of systems, 2 Measurement of deviation: Types and tendency of criminals, 3 Deviation theory, 4 Outline of the juvenile delinquency judicial system, 5 Legal right of juvenile delinquents, 6 Juvenile delinquents and police, 7 Processing to legal formalities before ingestions and trials, 8 Impeachment decision, 9 Typification and preparation for treatment, 10 Trial proceedings, 11 Nominal sanctions, 12 Probation and correction in the society, 13 Sanctions in institutions and probation after the release
　According to the experience up until now, a few pages will be covered in a class. There will always be discussions to compare with the Japanese systems. Usually, only one chapter is covered, but hopefully two chapters will be read.
　Every year, there are only a few students in this class, but this is an important class as you can see how much you are studying English by taking this.
　For your reference, when this class started as ""Comparative study of politics,"" there were 2 students 17 years ago, 3 students 16 years ago, no students 15 years ago, 2 students 14 years ago, 2 students 13 years ago, 1 student 12 years ago, 2 students 11 years ago, 2 students 10 years ago, 2 students 9 years ago, 2 students 8 years ago, but no student after 7 years ago due to the change of the textbook to the law field. Then, I realized that in the US, at under graduate level, politics and constitution are taught together, so it maybe good to go back to the original textbook. Which theme are you interested in?

Text/Reference
Books,etc. Text: Dean John Champion  “The Juvenile Justice System : Delinquency, Processing, and the Law （5TH）,” Prentice Hall, 2006/04.
　　　　　(The Web Site of Kinokuniya Book Store　http://bookweb.kinokuniya.co.jp/htmy/0132193744.html）
　The text used last year as an example is following. Morris P. Fiorina, Paul E. Peterson, Stephen D. Voss & William G. Mayer, “The New American Democracy, 5th Edition” (Paperback: the version covered with paper), Longman Pub Group, 2006/12.
　　　　　　(The Web Site of Kinokuniya Book Store　http://bookweb.kinokuniya.co.jp/htmy/0321416147.html）
→ It's a luxurious text for students of college or university written by authors including the political scientist who discovered the rationality of voters in result voting, Professor. Fiorina. Your school bought the fifth version as common books. And, you can hear a short lecture by the authors with CD attached to the old version I have. (Not only the sound, we put up some movies from related News to Bb9.)
　We'll print necessary parts and distribute you. It's hard go bring texts of colleges and university in the USA because they are heavy.
  For example, in 2019, me teacher and 3 students read the editorial note, pp. xiii-xvi, and the 3rd session (Jan 10, 2001), pp.56-82 in Jacques Derrida, "The Death Penalty Volume 2", the Uni. of Chicago Press, 2017 (not yet published in Japanese), and translated last 4 pages in parts. ...
  Last year we have red JUDITH RESNIK & DENNIS E. CURTIS, Representing Justice: From Renaissance Iconography to Twenty-First-Century Courthouses, 151-2 PROCEEDINGS OF THE AMERICAN PHILOSOPHICAL SOCIETY 139-183,  2007 (http://henrylabarrejayne.weebly.com/photography.html).

PC or AV used in
Class,etc. 　

(More Details) Texts in English is going to be copied and distributed, and materials and picture's teaching materials put up on Bb 9.

Learning techniques to be incorporated 　

Suggestions on
Preparation and
Review   Prepare to translate English text or article and report your opinions before every class."The first class 　You should select the theme to read (chapters of  text)
  The second - the 14th class  Deciphering of text. Vocabulary checking is essential. Most of past students have made a mistake in choice of meaning even if they're checked before. It's not only in the case of technical terms, and past students often haven't been able to read plain English sentences. I feel that's because they have little social recognition which is the background of describing of the text.
  The 15th class  Conclusion　We're going to debate whether or not the system of the USA can be compared with that of Japan, and how they are compared each other and evaluated if it can, so, I request you to read some related Shinsho-book to prepare. Especially, because there are cases that Japanese don't know well about the system of Japan, so, there is no way without investigating both of them.

Requirements 　One of the classes related to subject area "civics".
　I'm glad that the student with much intellectual curiosity major my course.
　By the way, in the case of A course, I don't compel you to prepare about English, but, of course, you can do positively, so don't misunderstand. But please remember that I will tell your unknown words right then. At first, you should enjoy English writing. And, you can't bring any foods or beverages in a class room absolutely. (Class-1 health officer. It sounds like an announcement before departure of Hanshin bus.)

Grading Method   Translation and discussion in every class and the summation report after schooling.  A course: I request each of you to translate English sentences of some pages into Japanese in oral every time, so, I'm going to give you the attendance point, 50 points (5 scores multiplied ten times).
　And, I request you to compare Japan and the USA in the field which you selected by ""the end of year"" and submit a report written on the result in over 4000 characters. (50 scores).
　Maybe, the report will be submitted again as the revised and enhanced version in ""the end of terminal"".

　B course: In the case of the style which request you to prepare for every class, I'm going to give you the attendance point, 100 points (10 scores multiplied over ten times). But, in the case that students don't do enough before attending class, as I did in the past, I impose them translation of all left which we couldn't read in a class or a report about investigation on unclear points, though which is only the volume of about one sheet of the size of A4.

Practical Experience

Summary of Practical Experience and Class Contents based on it

Message   According to the article 21 (2) of the Standards for Establishment of Universities, it's said that "To compose one unit class subject with the contents calling for 45 hours of learning is the standard",  so, you should do your "learning" of 60 hours individually except 30 hours of classes to get two units in this class. In this class, I'm sure that writing of reports corresponds that. Please refer to the article 19 (3) of general notices of Hiroshima universities in which you can see the same intent.

Other Related URL１：Police White Paper https://www.npa.go.jp/hakusyo/index.htm
　　　　２：White Paper on crime https://www.moj.go.jp/HOUSO/hakusho2.html
　　　　３：Judiciary statistics annual report (Juvenile cases) https://www.courts.go.jp/search/jtsp0010?
　　　　４：White Paper on Children and Young People (Cabinet Office) https://www8.cao.go.jp/youth/suisin/hakusho.html

Please fill in the class improvement questionnaire which is carried out on all classes.
Instructors will reflect on your feedback and utilize the information for improving their teaching.

Academic Year	2024Year	School/Graduate School	School of Education
Lecture Code	CC246106	Subject Classification	Specialized Education
Subject Name	法比較研究
Subject Name （Katakana）	ホウヒカクケンキュウ
Subject Name in English	Comparative Study of Law
Instructor	HATA HIROTO
Instructor (Katakana)	ハタ　ヒロト
Campus	Higashi-Hiroshima	Semester/Term	3rd-Year, Second Semester, 3Term
Days, Periods, and Classrooms	(3T) Fri5-8：EDU K208
Lesson Style	Lecture	Lesson Style (More Details)
Lecture and Reading of a Foreign Text or Article. Reading of English books, Q&A sessions, Discussions, Students' papers. Criminology,Lecture's style: English Books Reading, and we're going to distribute prints of text, we will show our welcome to discussion.
Credits	2.0	Class Hours/Week		Language of Instruction	J : Japanese
Course Level	3 : Undergraduate High-Intermediate
Course Area（Area）	24 : Social Sciences
Course Area（Discipline）	01 : Law
Eligible Students	Mainly third and fourth year students on the Program in Social Studies Education are very much interested in the relations between "nation and society" or "nation and citizens"
Keywords	Justice, Justitia or Themis, Criminology, Sociology of Delinquency Juvenile delinquency, Deviation, Juvenile court, Treating a person within society, Correction in institutions, Offenders rehabilitation, Crime prevention, Probation
Special Subject for Teacher Education		Special Subject
Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students)	One of specialized contents of legal studies from the international perspective.
Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students)	Secondary School Social Studies/Geography/History/Civic Education （Knowledge and Understanding）・With regard to civic education field in secondary social education, to have basic knowledge of its teaching contents. （Abilities and Skills）・To be able to collect, understand, analyze, and evaluate data and materials about studies related to social science.
Class Objectives /Class Outline	You will understand the status quo of criminology in both of the United States (or Great Britain) and Japan through the English text or article.To improve the contents and qualities of civics education, students will read English textbooks of university level about juvenile judicial system in America, and by understanding the American judicial system correctly and compering it with Japanese one, students will acquire objective point of view to be able to compare both systems and operation process fairly, as well as have abilities to analyze law phenomenon. Additionally, as English abilities are now used as a common index to evaluate students' academic progress, reading a certain amount of easy English sentences written for American college students with a certain speed should be a good training method for the improvement of language abilities.
Class Schedule	Lesson 1: Introduction; Selection of the text or article we will read. Lesson 2: Preface of the text, Bibliography. Lesson 3: Understanding and Criticizing some Statistics of the White Paper on Crime. Lesson 4: Chapter 1 An Overview of Juvenile Justice in the United States p.1 (in 8th edtion, 2015) Lesson 5: Chapter 2 The History of Juvenile Justice and Origins of the Juvenile Court p.30 Lesson 6: Chapter 3 Theories of Delinquency and Intervention Programs p.64 lesson 7: Chapter 4 The Legal Rights of Juveniles p.99 Lesson 8: Chapter 5 Juveniles and the Police p.134 Lesson 9: Chapter 6 Intake and Preadjudicatory Processing p.166 Lesson10: Chapter 7 Prosecutorial Decision Making in Juvenile Justice p.190 Lesson11: Chapter 8 Classification and Preliminary Treatment: Waivers and Other Alternatives p.213 Lesson12: Chapter 9 The Adjudicatory Process: Dispositional Alternatives p.248 Lesson13: Chapter 10 Nominal Sanctions: Warnings, Diversion, and Alternative Dispute Resolution p.282 Lesson14: Chapter 11 Juvenile Probation and Community-Based Corrections p.305 Lesson15: Chapter 12 Juvenile Corrections: Custodial Sanctions and Aftercare p.335 Students' preparation, review, and understanding level will be evaluated through document reading and Q & A sessions in every class, so there will be no final exam. 　Every time, One theme which interests students will be taken up from the themes below, and students will read the textbook in English with teacher's explanations, and have Q&A and discussion sessions regarding the judicial system and juvenile judicial system in Japan and the US. 　If students don't want to prepare for classes, they have to submit a paper at the end of a semester. If they prepare for the class every time, they don't need to write a paper at the end. They will choose either way at the beginning. (The latter way will give students more opportunities to read English textbooks.) 　Theme of each chapter: 1 Introduction: Basic concept, history of systems, 2 Measurement of deviation: Types and tendency of criminals, 3 Deviation theory, 4 Outline of the juvenile delinquency judicial system, 5 Legal right of juvenile delinquents, 6 Juvenile delinquents and police, 7 Processing to legal formalities before ingestions and trials, 8 Impeachment decision, 9 Typification and preparation for treatment, 10 Trial proceedings, 11 Nominal sanctions, 12 Probation and correction in the society, 13 Sanctions in institutions and probation after the release 　According to the experience up until now, a few pages will be covered in a class. There will always be discussions to compare with the Japanese systems. Usually, only one chapter is covered, but hopefully two chapters will be read. 　Every year, there are only a few students in this class, but this is an important class as you can see how much you are studying English by taking this. 　For your reference, when this class started as ""Comparative study of politics,"" there were 2 students 17 years ago, 3 students 16 years ago, no students 15 years ago, 2 students 14 years ago, 2 students 13 years ago, 1 student 12 years ago, 2 students 11 years ago, 2 students 10 years ago, 2 students 9 years ago, 2 students 8 years ago, but no student after 7 years ago due to the change of the textbook to the law field. Then, I realized that in the US, at under graduate level, politics and constitution are taught together, so it maybe good to go back to the original textbook. Which theme are you interested in?
Text/Reference Books,etc.	Text: Dean John Champion “The Juvenile Justice System : Delinquency, Processing, and the Law （5TH）,” Prentice Hall, 2006/04. 　　　　　(The Web Site of Kinokuniya Book Store　http://bookweb.kinokuniya.co.jp/htmy/0132193744.html）　The text used last year as an example is following. Morris P. Fiorina, Paul E. Peterson, Stephen D. Voss & William G. Mayer, “The New American Democracy, 5th Edition” (Paperback: the version covered with paper), Longman Pub Group, 2006/12. 　　　　　　(The Web Site of Kinokuniya Book Store　http://bookweb.kinokuniya.co.jp/htmy/0321416147.html） → It's a luxurious text for students of college or university written by authors including the political scientist who discovered the rationality of voters in result voting, Professor. Fiorina. Your school bought the fifth version as common books. And, you can hear a short lecture by the authors with CD attached to the old version I have. (Not only the sound, we put up some movies from related News to Bb9.) 　We'll print necessary parts and distribute you. It's hard go bring texts of colleges and university in the USA because they are heavy. For example, in 2019, me teacher and 3 students read the editorial note, pp. xiii-xvi, and the 3rd session (Jan 10, 2001), pp.56-82 in Jacques Derrida, "The Death Penalty Volume 2", the Uni. of Chicago Press, 2017 (not yet published in Japanese), and translated last 4 pages in parts. ... Last year we have red JUDITH RESNIK & DENNIS E. CURTIS, Representing Justice: From Renaissance Iconography to Twenty-First-Century Courthouses, 151-2 PROCEEDINGS OF THE AMERICAN PHILOSOPHICAL SOCIETY 139-183, 2007 (http://henrylabarrejayne.weebly.com/photography.html).
PC or AV used in Class,etc.
(More Details)	Texts in English is going to be copied and distributed, and materials and picture's teaching materials put up on Bb 9.
Learning techniques to be incorporated
Suggestions on Preparation and Review	Prepare to translate English text or article and report your opinions before every class."The first class 　You should select the theme to read (chapters of text) The second - the 14th class Deciphering of text. Vocabulary checking is essential. Most of past students have made a mistake in choice of meaning even if they're checked before. It's not only in the case of technical terms, and past students often haven't been able to read plain English sentences. I feel that's because they have little social recognition which is the background of describing of the text. The 15th class Conclusion　We're going to debate whether or not the system of the USA can be compared with that of Japan, and how they are compared each other and evaluated if it can, so, I request you to read some related Shinsho-book to prepare. Especially, because there are cases that Japanese don't know well about the system of Japan, so, there is no way without investigating both of them.
Requirements	One of the classes related to subject area "civics". 　I'm glad that the student with much intellectual curiosity major my course. 　By the way, in the case of A course, I don't compel you to prepare about English, but, of course, you can do positively, so don't misunderstand. But please remember that I will tell your unknown words right then. At first, you should enjoy English writing. And, you can't bring any foods or beverages in a class room absolutely. (Class-1 health officer. It sounds like an announcement before departure of Hanshin bus.)
Grading Method	Translation and discussion in every class and the summation report after schooling. A course: I request each of you to translate English sentences of some pages into Japanese in oral every time, so, I'm going to give you the attendance point, 50 points (5 scores multiplied ten times). 　And, I request you to compare Japan and the USA in the field which you selected by ""the end of year"" and submit a report written on the result in over 4000 characters. (50 scores). 　Maybe, the report will be submitted again as the revised and enhanced version in ""the end of terminal"". 　B course: In the case of the style which request you to prepare for every class, I'm going to give you the attendance point, 100 points (10 scores multiplied over ten times). But, in the case that students don't do enough before attending class, as I did in the past, I impose them translation of all left which we couldn't read in a class or a report about investigation on unclear points, though which is only the volume of about one sheet of the size of A4.
Practical Experience
Summary of Practical Experience and Class Contents based on it
Message	According to the article 21 (2) of the Standards for Establishment of Universities, it's said that "To compose one unit class subject with the contents calling for 45 hours of learning is the standard", so, you should do your "learning" of 60 hours individually except 30 hours of classes to get two units in this class. In this class, I'm sure that writing of reports corresponds that. Please refer to the article 19 (3) of general notices of Hiroshima universities in which you can see the same intent.
Other	Related URL１：Police White Paper https://www.npa.go.jp/hakusyo/index.htm 　　　　２：White Paper on crime https://www.moj.go.jp/HOUSO/hakusho2.html 　　　　３：Judiciary statistics annual report (Juvenile cases) https://www.courts.go.jp/search/jtsp0010? 　　　　４：White Paper on Children and Young People (Cabinet Office) https://www8.cao.go.jp/youth/suisin/hakusho.html
Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching.

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