PA230112 Legal Thinking Method

Hiroshima University Syllabus

Japanese

Academic Year 2026Year 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 MATSUO YO

Instructor
(Katakana) マツオ　ヨウ

Campus Higashi-Senda Semester/Term 2nd-Year,  First Semester,  Intensive

Days, Periods, and Classrooms (Int) Inte

Lesson Style Lecture Lesson Style
(More Details) Face-to-face, Online (simultaneous interactive)

While the course is conducted primarily in a lecture format, questions and answers will be incorporated to check and enhance students’ understanding. Group work may be conducted during in‑class discussions.

Details regarding the format of class sessions will be explained in the first meeting, taking into account factors such as the number of participants. Materials to be read in advance will be designated beforehand.

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】
Using judicial precedents and other concrete cases, this course develops students’ legal reasoning skills. Those aspiring to legal practice must understand the logic through which judicial decisions are developed.
To do so, we must first consider the purpose and significance of bringing a case before a court. In order to understand legal reasoning in judicial proceedings, the course examines: (i) the legal grounds on which a claim is brought and the nature of those grounds (the substantive dimension); (ii) the rules governing the conduct of litigation (the procedural dimension); and (iii) the role and proper function of the judicial process, with attention to its differences from legislative and administrative processes (the institutional‑competence dimension).
These dimensions are explored by engaging with selected theories in legal philosophy, relevant judicial precedents, and policy discussions.
In this course, legal reasoning in adjudication is approached not only from within the system but also from an external, analytical perspective. The lectures proceed with conscious comparison to other forms of reasoning, enabling students to view judicial thinking in a broader intellectual context.

Class Schedule 1. Course Introduction and Overview
Outline of course objectives, structure, and approach.
2. What Is Law? (I):
Understanding law through real consultation scenarios—limits of law and courts, the role of coercion, and non‑judicial methods of dispute resolution.
3. What Is Law? (II):
Legal norms relied upon in courts and other normative frameworks (courts vs. third‑party committees).
4. What Is Law? (III):
Reading third‑party committee reports to identify issues; structural injustice and forward‑looking conceptions of responsibility.
5. Substantive Foundations (I):
Distinguishing substance, procedure, and institutions; statutory law vs. case law (Rousseau and Hayek); formation of legal content (with privacy as an example).
6. Substantive Foundations (II):
The nature of legal reasons (public/private, exclusionary vs. prima facie); the structure of norms (rules and principles, second‑order decisions, balancing).
7. Substantive Foundations (III):
Analysis of judicial precedents; legal realism.
8. Procedural Foundations (I):
Distinction between substance and procedure; classifications of procedural justice; the “third wave” of procedural safeguards.
9. Procedural Foundations (II):
Procedures in adjudication; dichotomous reasoning (normative vs. factual dimensions); the free evaluation of evidence; theories of the burden of proof.
How does this differ from natural sciences?
10. Procedural Foundations (III):
Review of judicial reasoning processes; examination of relevant cases.
11. Institutional Foundations (I):
Philosophy of institutions; institutional functions and competence; logistics of law (separation of powers, legal process theory); when and why to choose courts—or not.
12. Institutional Foundations (II):
Limits of adjudication, empirical inquiry, policy considerations, and forward‑looking perspectives.
Considering critiques from economists.
13. Institutional Foundations (III):
Examination of judicial precedents from an institutional perspective.
14. Reading Third‑Party Committee Reports (I):
Analysis through substantive, procedural, and institutional lenses.
15. Reading Third‑Party Committee Reports (II):
Continued analysis of reports using the frameworks of substance, procedure, and institutions.

Text/Reference
Books,etc. Handouts are provided.

PC or AV used in
Class,etc. Handouts

(More Details) Resume

Learning techniques to be incorporated

Suggestions on
Preparation and
Review Read the distributed materials. Make sure to study properly for your other courses as well.

Requirements

Grading Method Questions and answers in class: 30%
Exam: 70%

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.

Academic Year	2026Year	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	MATSUO YO
Instructor (Katakana)	マツオ　ヨウ
Campus	Higashi-Senda	Semester/Term	2nd-Year, First Semester, Intensive
Days, Periods, and Classrooms	(Int) Inte
Lesson Style	Lecture	Lesson Style (More Details)	Face-to-face, Online (simultaneous interactive)
While the course is conducted primarily in a lecture format, questions and answers will be incorporated to check and enhance students’ understanding. Group work may be conducted during in‑class discussions. Details regarding the format of class sessions will be explained in the first meeting, taking into account factors such as the number of participants. Materials to be read in advance will be designated beforehand.
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】 Using judicial precedents and other concrete cases, this course develops students’ legal reasoning skills. Those aspiring to legal practice must understand the logic through which judicial decisions are developed. To do so, we must first consider the purpose and significance of bringing a case before a court. In order to understand legal reasoning in judicial proceedings, the course examines: (i) the legal grounds on which a claim is brought and the nature of those grounds (the substantive dimension); (ii) the rules governing the conduct of litigation (the procedural dimension); and (iii) the role and proper function of the judicial process, with attention to its differences from legislative and administrative processes (the institutional‑competence dimension). These dimensions are explored by engaging with selected theories in legal philosophy, relevant judicial precedents, and policy discussions. In this course, legal reasoning in adjudication is approached not only from within the system but also from an external, analytical perspective. The lectures proceed with conscious comparison to other forms of reasoning, enabling students to view judicial thinking in a broader intellectual context.
Class Schedule	1. Course Introduction and Overview Outline of course objectives, structure, and approach. 2. What Is Law? (I): Understanding law through real consultation scenarios—limits of law and courts, the role of coercion, and non‑judicial methods of dispute resolution. 3. What Is Law? (II): Legal norms relied upon in courts and other normative frameworks (courts vs. third‑party committees). 4. What Is Law? (III): Reading third‑party committee reports to identify issues; structural injustice and forward‑looking conceptions of responsibility. 5. Substantive Foundations (I): Distinguishing substance, procedure, and institutions; statutory law vs. case law (Rousseau and Hayek); formation of legal content (with privacy as an example). 6. Substantive Foundations (II): The nature of legal reasons (public/private, exclusionary vs. prima facie); the structure of norms (rules and principles, second‑order decisions, balancing). 7. Substantive Foundations (III): Analysis of judicial precedents; legal realism. 8. Procedural Foundations (I): Distinction between substance and procedure; classifications of procedural justice; the “third wave” of procedural safeguards. 9. Procedural Foundations (II): Procedures in adjudication; dichotomous reasoning (normative vs. factual dimensions); the free evaluation of evidence; theories of the burden of proof. How does this differ from natural sciences? 10. Procedural Foundations (III): Review of judicial reasoning processes; examination of relevant cases. 11. Institutional Foundations (I): Philosophy of institutions; institutional functions and competence; logistics of law (separation of powers, legal process theory); when and why to choose courts—or not. 12. Institutional Foundations (II): Limits of adjudication, empirical inquiry, policy considerations, and forward‑looking perspectives. Considering critiques from economists. 13. Institutional Foundations (III): Examination of judicial precedents from an institutional perspective. 14. Reading Third‑Party Committee Reports (I): Analysis through substantive, procedural, and institutional lenses. 15. Reading Third‑Party Committee Reports (II): Continued analysis of reports using the frameworks of substance, procedure, and institutions.
Text/Reference Books,etc.	Handouts are provided.
PC or AV used in Class,etc.	Handouts
(More Details)	Resume
Learning techniques to be incorporated
Suggestions on Preparation and Review	Read the distributed materials. Make sure to study properly for your other courses as well.
Requirements
Grading Method	Questions and answers in class: 30% Exam: 70%
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.

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