| Academic Year |
2024Year |
School/Graduate School |
Graduate School of Humanities and Social Sciences (Professional degree course) Division of Law School Program for Law Practice Professionals |
| Lecture Code |
PA230112 |
Subject Classification |
Specialized Education |
| Subject Name |
法的思考法 |
Subject Name
（Katakana） |
ホウテキシコウホウ |
Subject Name in
English |
Legal Thinking Method |
| Instructor |
KIKUCHI KYOSUKE |
Instructor
(Katakana) |
キクチ キョウスケ |
| Campus |
Higashi-Senda |
Semester/Term |
2nd-Year, First Semester, Intensive |
| Days, Periods, and Classrooms |
(Int) Inte |
| Lesson Style |
Lecture |
Lesson Style
(More Details) |
|
Lecture-centered.
Question-and-answer sessions.
You submit a comment sheet after class. |
| Credits |
2.0 |
Class Hours/Week |
|
Language of Instruction |
J
:
Japanese |
| Course Level |
6
:
Graduate Advanced
|
| Course Area（Area） |
24
:
Social Sciences |
| Course Area（Discipline） |
01
:
Law |
| Eligible Students |
|
| Keywords |
Legal Philosophy, Legal Methodology, Legal Reasoning |
| 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) | |
|---|
Class Objectives
/Class Outline |
【Aims】
1) To find original ways to learn laws.
2) To be able to solve questions concerning articles, theories, example cases, and questions for texts, with consistent method.
3) To recognize that students use a certain method unconsciously and make effort try to solve cases with deep consideration and methodology.
4) To figure out that legal reasoning is aggregate of typical arguments and patterns of reasoning are limited in most cases.
【Outline of the course】
This is an fundamental course which deals with positive law from perspectives of legal mind.
Legal professionals must have legal mind and promptly response to a specific circumstances. For this purpose, it is essential to understand features of legal mind.
We discuss some foundations of judicial syllogism, traditional method of statutory interpretations, and several arguments of legal reasoning. We also analyze important precedents in which
judges fully use interpretation methods and arguments to justify their decisions.
|
| Class Schedule |
1. Legal thinking and learning law
2. Legal syllogism and perspective of rhetoric
3. “Logic” in legal syllogism and process of legal reasoning
4. Grammatical interpretation
5. Practice of grammatical interpretation
6. Systematic interpretation and historical interpretation
7. Historical interpretation and teleological interpretation
8. Legal interpretation and the further development of the law
9. Argument from the contrary (argumentum e contrario), analogy and argument from the stronger (argumentum a fortiori)
10. Consequentialist argument
11. Analysis of the precedents (1)
12. Analysis of the precedents (2)
13. Analysis of the precedents (3)
14. Judicial decision against statutory law in the precedent regarding Interest Restriction Law
15. Is there a right answer in interpretation of law?
Exam(After all lectures) |
Text/Reference
Books,etc. |
Handouts are provided. |
PC or AV used in
Class,etc. |
|
| (More Details) |
Resume |
| Learning techniques to be incorporated |
|
Suggestions on
Preparation and
Review |
Please check on TKC for more information. |
| Requirements |
|
| Grading Method |
Questions and answers in class: 20%
Comments and feedback sheets: 20%
Exam: 60%
|
| Practical Experience |
|
| Summary of Practical Experience and Class Contents based on it |
|
| Message |
Please check on TKC for more information. |
| 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. |