F0040160 Legal Philosophy

Hiroshima University Syllabus

Japanese

Academic Year 2024Year School/Graduate School School of Law Law Evening Course

Lecture Code F0040160 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, Second Semester, Second Semester

Days, Periods, and Classrooms (2nd) Thur11-12：Online,Higashi-Senda Lecture Rm S207

Lesson Style Lecture Lesson Style
(More Details) 　

Lecture
Face-to-face
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) 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.

Academic Year	2024Year	School/Graduate School	School of Law Law Evening Course
Lecture Code	F0040160	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, Second Semester, Second Semester
Days, Periods, and Classrooms	(2nd) Thur11-12：Online,Higashi-Senda Lecture Rm S207
Lesson Style	Lecture	Lesson Style (More Details)
Lecture Face-to-face 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)	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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