Law 334.001 - Introduction to Asian Legal Systems: Asian Legal Systems
Professor Jie Cheng, Professor Shigenori Matsui and Professor John Kim / Course - 3 Credits
This course offers an introduction to the legal systems of China, Japan, and South Korea. The course has two objectives. The first is to introduce basic aspects of legal systems of the three countries. The second objective is to compare the three countries in respect of certain common themes: government and judicial institutions; law and economy; international dimensions. The course will be scheduled with five segments: (1) Overview of common themes; (2) China component (Professor Jie Cheng); (3) Japan component; (Professor Shigenori Matsui), (4) Korea component (Professor John C. H. Kim) and (5) Wrap-up sessions regarding the similarities and differences among three countries.
Law 336.001 - Chinese Law: Implications for Canada-China Relations
Professor Jie Cheng / Course - 3 Credits
This course aims to foster a critical understanding of law and governance in contemporary China and to explore the implications for Canada-China relationship. The course examines six main areas of Chinese law: China’s legal tradition and legal history; China’s contemporary legal hierarchical order and law-making system; dispute resolution and judicial system; private law and market regulation; public law and government structure; social equity and social law. In each session, we will survey the pertinent legal framework, discuss the challenges and complexities in practice and in theory, and reflect on the implications of the legal issues from social, political and economic perspectives.
Law 338D.001 - Japanese Law: Business Law in Japan
Professor Shigenori Matsui / Seminar - 3 Credits
This seminar is designed to introduce business law in Japan. Japan is the third largest economy in the world and its business law is very important to do business with Japanese companies. Moreover, there are many distinctive features in Japanese business law, so different from Canadian law. The seminar first outlines the general legal system and legal process, such as historical development of law, the judicial system, judges, attorneys, prosecutors, legal education system and judicial procedure. Then, it examines various fields of law related to business, including the basic constitutional foundation (structure of the government and protection of economic freedoms), basic rule of private law (contract and tort), basic issues in business law (corporation law, corporate governance, derivative suits, anti-trust regulation, security regulation, and protection of intellectual property rights), and business related issues (labour law and environmental law). There are no pre-requisites for taking this seminar.
Law 340.001 - Comparative Law
Professor Jie Cheng / Course - 3 Credits
This course provides a systematic comparative study of major legal traditions. The course will examine five areas of comparative law, focusing on civil law and common law traditions: the cultural and economic origins of different legal traditions; functions and organizations of major legal institutions such as the judicial proceedings and statutory interpretation in respective legal tradition; comparative study of the evolution and development of property, contract and tort law; institutional choices in public law; divergence and convergence of legal development. This course takes a functional approach to the comparative study. General presumptions of economic analysis will be used as the tools to assess institutional effectiveness of the legal systems and to have a dialogue with relatively conventional approaches such as formalistic approach and natural law approach.
LAW 348D.001 - Comparative Constitutional Law
Professor Jie Cheng / Course - 3 Credits
Description: This seminar critically examines constitutional institutions from a comparative perspective. The seminar will encourage students to think critically and analytically about constitutional norms and constitutional rights, as well as the roles of various players’ role in constitutional institutions. Some of the topics covered will include:
social and political origins of constitutionalism and constitutional consensus-building;
functions and effectiveness of Parliamentarism and Presidency;
constitutional rights for political participation;
constitutional rights for personal integrity;
constitutional arrangements for social equity;
judicial independence and comparative politics;
federalism and institutions for ethnic and regional diversity;
constitutional crisis and vitality of constitutional arrangements;
constitutional practices in authoritarian states and transitional justice issues.
