Hiroshima University Syllabus

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Japanese
Academic Year 2024Year School/Graduate School School of Law Law Day Course
Lecture Code F2011222 Subject Classification Specialized Education
Subject Name 法哲学
Subject Name
(Katakana)
ホウテツガク
Subject Name in
English
Legal Philosophy
Instructor HONDA KOSAKU
Instructor
(Katakana)
ホンダ コウサク
Campus Higashi-Senda Semester/Term 2nd-Year,  First Semester,  2Term
Days, Periods, and Classrooms (2T) Mon5-8:Higashi-Senda Lecture Rm M304
Lesson Style Lecture Lesson Style
(More Details)
 
Lecture
Lecture with question-and-answer sessions 
Credits 2.0 Class Hours/Week   Language of Instruction J : Japanese
Course Level 2 : Undergraduate Low-Intermediate
Course Area(Area) 24 : Social Sciences
Course Area(Discipline) 01 : Law
Eligible Students 2nd year students
Keywords Legal Philosophy, Legal Thought 
Special Subject for Teacher Education   Special Subject  
Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students)
 
Criterion referenced
Evaluation
(Applicable only to targeted subjects for undergraduate students)
Business Law
(Knowledge and Understanding)
・The basic knowledge and understanding on historical and ideological roots on construction foundation of modern domestic and international society.

Public Policy
(Knowledge and Understanding)
・The basic knowledge and understanding on historical and ideological roots on construction foundation of modern domestic and international society.

Legal Profession Training Course
(Knowledge and Understanding)
・The basic knowledge and understanding on historical and ideological roots on construction foundation of modern domestic and international society.

Law and Politics
(Knowledge and Understanding)
・The basic knowledge and understanding on historical and ideological roots on construction foundation of modern domestic and international society. 
Class Objectives
/Class Outline
【Aims】
1) To understand fundamental notions which established today's Japanese law, by inquiring into the legal and social thoughts in the modern western world.
2) To cultivate the ability to figure out abstract or complex discussions properly, by careful reading of various legal thoughts with paying attention to their framework and arguments.
3) To understand how each legal thought was developed in the struggling with prior thoughts and what were the social backgrounds at the time of its birth.
4) To acquire intellectual basis for thinking alternative conceptions of law and order through the relativization of contemporary Japanese law.
【Outline of the course】
Legal Philosophy can be divided to three domains, i.e. Norm theory (general theory of law), Methodology (legal reasoning) and Value theory (justice). These domains are mutually related and make the whole field of legal philosophy. This course will be held with the assumption that students will prepare each lesson. We will go back to the famous thoughts in modern period, with paying attention to the flow of them. In this way, we will discuss fundamental notions of jurisprudence or legal science (e.g. law, legal reasoning, justice, state and order) radically and multilaterally 
Class Schedule lesson1 Philosophy, legal philosophy, and legal thought
lesson2 Beginning of modern legal thoughts and social contract theories
lesson3 Social contract theories and legal thoughts in the age of Enlightenment
lesson4 Legal thoughts in the age of Enlightenment and Idealism in Germany
lesson5 Utilitarianism and Analytical jurisprudence
lesson6 Beginning of American legal thought
lesson7 Development of jurisprudence in 19th century Germany――From Historical jurisprudence to jurisprudence of concepts
lesson8 Overcoming jurisprudence of concepts and American Legal Realism
lesson9 Legal thoughts in the Weimar period――Kelsen
lesson10 Ordinary language philosophy――J.L. Austin
lesson11 Legal thoughts after World War II――Hart
lesson12 Development of contemporary legal thoughts――Dworkin
lesson13 Rawls' theory of justice
lesson14 Libertarianism and Communitarianism
lesson15 Summary――Perspective to organize previous discussions

Final examination 
Text/Reference
Books,etc.
Text: Ryuichi Nakayama, Yuki Asano, Yuuichi Matsushima, Keisuke Kondo, History of Legal Thought, Yuhikaku 2019
Reference Book: M. Kaino, K. Kambara, Y. Suzuki, Reading and Understanding Legal Thought, Horitsu Bunka Sha 2020  
PC or AV used in
Class,etc.
 
(More Details)  
Learning techniques to be incorporated  
Suggestions on
Preparation and
Review
Please read the relevant part of the textbook beforehand and try to figure out the framework of each thought. 
Requirements  
Grading Method Final examination 100% 
Practical Experience  
Summary of Practical Experience and Class Contents based on it  
Message  
Other   
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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