講師 | 島田 弦 教授 |
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開講部局 | 国際開発研究科 2023年度春学期 |
対象者 | 国際開発研究科 博士前期課程 |
As a basic subject, by taking this course, participants are expected to understand the outline of law and institution in the context of development, as well as how to implement legal regulations for the development.
Through this course, students should understand: what is the relationship between the legal system and socio-economic-politicaldevelopment; what legal system is desirable for socio-economic development; what is the mechanism of legal development; what is adifference of legal system and practice between developing society and developed society.
In the first part of the lecture, the lecture will discuss theoretical aspects of the law and development, including economic theory, legaltheory, and cultural theory. The focus of this course is not limited to the law in narrow definitions such as legislation, regulation, orjudgment. The discussion also covers various forms of government mechanisms, public administration, and political regimes. Furthermore,informal law (such as religious or customary norms and institutions) has a significant impact on development. Thus, the course alsodiscusses the relationship between development and informal institutions.
In the second part, this lecture will try conducting practical lessons, namely, learning legislation. In implementing a development project,legislation plays a significant role by changing peoples behavior (imposing sanctions), legitimating resource allocation (e.g., allowing agovernment to allocate budget to a particular area), giving guidelines (showing what is an expected goal), or maintaining social order (solvingdisputes in a peaceful way).
In this lecture, we will make a draft bill to achieve a development goal (the issue will be discussed in the class). Legal drafting includes goalsetting, making legal research on facts, determining ways of the regulation (punishment or incentive), constructing a consistent structureof rules, and so on. Students are expected to participate actively in the class and preparation work.
本授業の英語ページはこちら:Law and Development
Participants can:
obtain essential knowledge about the development that is necessary to understand the relationship between law and development;
acquire the essential skill to apply the institutional theory in studying own research topic;
obtain knowledge on the importance of legislation and legal policy in the development and basic skills in legislative drafting.
この授業は全て英語で行っています。「法」というタイトルがついていますが、通常の法律学のアプローチとは異なり、国の法律が守られていない状況や、国の作る法律以外のルールが優勢であるような社会状況について考えていくことが授業の課題となります。
Part I:
Part Ⅱ:
Mid-term assingment 40%, End-term assingment (or presentation) 40%, Contribution to class 20%.
Credit is given to C- or C (where applicable) or higher grade for each criterion.
Textbook:
Both books are available at the GSID library
Reference:
The teacher will instruct reading materials for each class.
PartⅠ:
No.1
No.2
No.3
No.4
No.5
この 作品 は クリエイティブ・コモンズ 表示 - 非営利 - 継承 4.0 国際 ライセンスの下に提供されています。
July 25, 2023