Outline

Overview

This unit aims to develop the general skills of comparative lawyers, to effectively and critically assess contemporary developments in the legal system of the second-largest economy in our region. After an overview of comparative law techniques, Japanese legal history and its contemporary legal system, classes explore civil and criminal justice, politics and constitutionalism, government and law, gender and law, lawyers and the courts in Japan, as well as dispute resolution, pop culture, contracts, consumers and law. The unit then some examines business law topics in socio-economic context in more detail, after an introduction to the Japanese economy and international trade policy. Topics include investment and finance law, tax law, labour law and corporate governance.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS3076 or LAWS3444
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Luke Nottage, luke.nottage@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	First Reflective Note (10%) Written task due first day of Kyoto Seminar	10%	Week -02 Due date: 06 Feb 2023 at 13:00 Closing date: 02 Mar 2023	750 words / long release
Outcomes assessed:
Assignment	Second Reflective Note (10%) Written task due first Monday after Tokyo Seminar	10%	Week 01 Due date: 20 Feb 2023 at 13:00 Closing date: 20 Mar 2023	750 words / long release
Outcomes assessed:
Assignment	Final Research Essay (80%) Research Essay (from topics announced on the first day of class)	80%	Week 09 Due date: 24 Apr 2023 at 13:00 Closing date: 22 May 2023	4500 words / long release
Outcomes assessed:

Assessment summary

First Reflective Note (Long Release): 10%

Due date 6 February 2023, 13:00 Sydney, Australia Time
Worth 10%, up to 750 words, including references.
These Notes encourage you to both preview and later review the Readings (you do not need to go beyond them), and to think more deeply about aspects that intrigue you. More guidance on “Deep Thought” will be provided in class.
You may write on any broad topic covered in the unit, but each must be on a different topic.
Reflective Notes can be based on unit of study readings and class handouts / discussions.
The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Second Reflective Note (Long Release): 10%

Due date 20 February 2023, 13:00 Sydney, Australia Time
Worth 10%, up to 750 words, including references.
These Notes encourage you to both preview and later review the Readings (you do not need to go beyond them), and to think more deeply about aspects that intrigue you. More guidance on “Deep Thought” will be provided in class.
You may write on any broad topic covered in the unit, but each must be on a different topic.
Reflective Notes can be based on unit of study readings and class handouts / discussions.
The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Final Research Essay (Long Release): 80%

Due date 24 April 2023, 13:00 Sydney, Australia Time
Word limit: 4500 words, including references.

Your essay should demonstrate:

Clear structure and a coherent argument;
Independent research into relevant sources (such as those listed below, but preferably more broadly);
Understanding of the relevant theoretical and/or policy issues raised by your topic;
Original analysis of these issues (preferably taking and arguing a position, rather than mere description). More detailed criteria “Research Essay Criteria” and “Marking Sheet – Feedback” sheet attached as provided in class.

The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after the due time but by 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Ongoing	Overview (Pre-Departure Class in Sydney)	Seminar (2 hr)
	Japanese Legal System	Seminar (2 hr)
	Criminal Justice	Seminar (2 hr)
	Politics and Constitutional Law	Seminar (2 hr)
	Civil Justice	Seminar (2 hr)
	Arbitration and ADR	Seminar (3 hr)
	Lawyering in Japan (Osaka Field Study)	Seminar (3 hr)
	Government and Law	Seminar (3 hr)
	Gender and Law	Seminar (3 hr)
	Pop Culture and Law	Seminar (3 hr)
	Contracts, Consumers and Law	Seminar (3 hr)
	Japanese Economy and Corporate Governance	Seminar (3 hr)
	Labour Law	Seminar (3 hr)
	Investment and Finance Law	Seminar (3 hr)
	Tax Law	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof over the limit. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Please refer to the reading list on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. demonstrate introductory knowledge about the overall legal system and some major areas of law in Japan
LO2. demonstrate an understanding of various theoretical frameworks useful to understand these and other aspects of Japanese law (and, potentially, other legal systems)
LO3. demonstrate sensitivity to practical applications and implications
LO4. demonstrate skills in independent research and writing concisely.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last taught.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5144: Japanese Law

Intensive February, 2023 [Block mode] - Kyoto/Tokyo

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect