48067 - Asian Countries Law

Course Unit Page

Academic Year 2018/2019

Learning outcomes

The course introduces students to the knowledge of the law of East Asian countries, with particular attention to Chinese and Japanese legal systems, from a comparative perspective.

The aim of the course is to provide students with the basic methodological knowledge of comparative analysis useful to frame the dynamics of the development of East Asian legal systems. The study will be approached from a historical-comparative perspective, aimed at highlighting the growing complexity of the relationship between Western and Eastern legal tradition in modern and contemporary times and the change in perspective that these relationships are experiencing in the current context of globalization. Particular attention is paid to the study of law formants and their role in the Chinese and Japanese sectors of the legal systems that are more connected to the themes of innovation and sustainability.

Course contents

The course is divided into two modules of 30 and 18 hours.

The course program is organized as follows:

1. Introduction

1.1. Law as a representation: legal orientalism; 1.2. The classification of legal systems and the centrality of the Western Legal Tradition; 1.3. Non-Western legal systems: analytical and classification problems; 1.4. Language and law: problems of knowledge and translation of East-Asian legal languages.

2. Non-Western legal systems: general analysis

2.1. Non-Western law: the traditional substrate and the introduction of Western models in modern and contemporary times; 2.2. The legal systems of East Asia: the Chinese model as a historically dominant model; 2.3. Imperialism and the modernization of East-Asian legal systems: the first Chinese and Japanese modernization.

3. Japanese Legal System

3.1. The law of Imperial and Shogunate Japan; 3.2. The Tokugawa era and the centralized feudalism; 3.3. The administration of justice in the Tokugawa era; 3.4. The Japanese law between feudal hierarchies and economic dynamism; 3.5. The Meiji era; 3.6. The modernizing reforms of the nineteenth century; 3.7. The post-war era.

4. Contemporary Chinese Legal System

4.1. The Evolution of Chinese legal system; 4.2. The end of the empire and the clash with Western powers; 4.3. The codifications of the 1930s in the Republic of China; 4.3. The long march and the rise of Mao; 4.4. The Maoist era and the Cultural Revolution; 4.5. Democratic centralism; 4.6. The role of law; 4.7. Deng Xiaoping and the modernization; 4.8. One country two systems: the example of Hong Kong.

5. Dispute resolution in China and Japan

5.1. Mediation in China and Japan; 5.2. Arbitration in China and Japan; 5.3. The role of the arbitration commissions; 5.4. The implementation of foreign praises; 5.5. One country two systems: arbitration in Hong Kong.

6. Chinese legal reforms in the era of sustainable development

6.1. Development, innovation and protection of intellectual property in the Chinese system; 6.2. Sustainability and environmental protection in the new Chinese private law.

Readings/Bibliography

5 CFU (Students enrolled in the course of Statistical Sciences – COSDI):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 133-228; 299-394; 437-460.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 21-224.

6 CFU (Law School students – Degree “specialistica”; Students enrolled in the course COSLI – Political Sciences):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-104; 133-228; 299-394; 437-460.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 21-224

7 CFU (Law School students - Degree "magistrale"):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007.

8 CFU(Students enrolled in the course COSDI – Political Sciences A.Y. 2013/2014):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-468.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 69-102 ; 137-165.

9 CFU (Students enrolled in the course Language, Markets and Cultures of Asia – Degree in Foreign Language):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-468.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 21-224.

10 CFU(Students enrolled in the course COSDI – Political Sciences A.Y. 2011/2012):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-468.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 1 -282.

N.B. Please note that the registration for the exam should be done via the online platform "Almaesami", at least one week before the exam. Please note that no registration via mail will be accepted

Teaching methods

The course follows an interdisciplinary approach, aimed at the direct involvement of the students, combining the classic frontal lessons with the study and critical analysis of some case law that have played a decisive role in the definition of the rules and in the evolution of the system. The reading of some fundamental texts for the framing of normative contexts and the various legal processes and the vision of some films that represent the legal experiences of common law, in its main expressions, will also be included as teaching methods.

The course is held by prof. Marina Timoteo and Dr. Angela Carpi

The intensity and continuity of participation to the course will be assessed by self-certification.

Assessment methods

The final exam will be done orally, through an interview with the professor and its assistants. The marks are out of 30/30, except for students enrolled in the course COSDI - Statistical Sciences (5 credits), for which marks are a “pass”.

The oral examination is designed to appreciate the level of understanding and mastery of the comparative method in the study of East-Asian legal systems, as well as the active ability of working with the fundamental rules of these systems. The achievement by the student of an organic vision of the issues addressed, and in particular the ability to capture the dynamic aspects of the legal systems of the East-Asian countries and their processes of modernization, in a comparative perspective, will be evaluated with marks of excellence. The knowledge of the topics covered in the course that is mainly mnemonic and notional and that will lead to an oral colloquium not well supported by reasoning of synthesis and analysis of the issues, and the using an organic and correct language but not always appropriate, will lead to an average pass outcome; training gaps and / or inappropriate language, albeit in the context of a minimal knowledge of the exam material, will lead to just enough mark; training gaps, inappropriate language, lack of guidance within the texts, will be adversely evaluated.

In order to sit for the exam, registration through the electronic platform "Almaesami" is required, in compliance with mandatory deadlines (usually 7 days before the date set for the examination). Those who do not succeed with the enrolling by the due date, are required to report promptly (and in any event before the official closing of the registration lists) the problem to the school's secretary office. The professor, evaluated the problem, will decide about the admission to sit for the exam.

The record of the evaluation can be done only on the date set and indicated in Almaesami, following the previous registration.

The course will be held in the first semester and therefore students who have chosen the course in the current year will be able to sit for the exam starting from the month of January.

Only students that are regularly enrolled, that payd all the due university taxes, that have already sitted the necessary exams will be able to sit for the examinations. Under no circumstances it will be possible to sit the exmination and proceed with the registration not simultaneousely.

Thesis

For the purposes of assigning a Bachelor’s degree project in Law of the Asian Countries, the knowledge of at least one foreign language is required. The level of the foreign language will be verified through a preliminary interview. Interested students are therefore invited to contact the teacher or Dr. Angela Carpi to agree on the date on which the colloquium is to be held.
Once the subject of the dissertation has been identified and approved by the teacher, the students will have to periodically inform the rapporteur on the state of progress of the work, according to a work program agreed upon. Once the thesis is completed and the teacher's permission is received, the students will be able to proceed with the secretarial delivery within institutionally established terms.

Where strictly necessary, the correlation request must be discussed and agreed with the teacher, who will eventually contact the chosen teacher for correlation.

Teaching tools

During the course, experts are invited to hold lectures.

Office hours

See the website of Marina Timoteo