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- 工学院，物質理工学院，環境・社会理工学院共通科目
- Liberal arts and basic science courses
- First-Year Courses
- School of Science
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- School of Materials and Chemical Technology
- School of Computing
- School of Life Science and Technology
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School of Environment and Society
- Department of Architecture and Building Engineering
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- Graduate major in Technology and Innovation Management
- Common courses
- Liberal arts and basic science courses
- Academic unit or major
- Humanities and social science courses
- Instructor(s)
- Shinojima Masayuki
- Class Format
- Lecture
- Media-enhanced courses
- Day/Period(Room No.)
- -
- Group
- -
- Course number
- LAH.S101
- Credits
- 1
- Academic year
- 2024
- Offered quarter
- 3Q
- Syllabus updated
- 2024/3/14
- Lecture notes updated
- -
- Language used
- Japanese
- Access Index
-
Course description and aims
[Summary]
This course offers:
Further knowledge of the provisions guaranteeing fundamental human rights in the Constitution, while considering various perspectives such as the interpretation of the provisions, their position in the Constitution as a whole, and their relationship to the legal system as a whole.
And
Basic methodology of legal thinking through interpretation and application of provisions of human rights.
[aim]
Constitution and other laws in the world are "tools" actually used in society.
The knowledge of the Constitution that you have learned in your educational curriculum may be also practically useful, but if you use laws properly some skills are required called "legal thinking."
Legal thinking will help you avoid and resolve conflicts in your social life and make it more comfortable.
Why not to deepen your knowledge of the Constitution and acquire the basics of "legal thinking" by actually using it?
This course focuses on two aims;
To learn further knowledge of the human rights provisions of the Constitution, which are indispensable for us to live with dignity as human beings.
To have some experience of legal thought, which will help you in your further lives, by practically interpreting and applying those provisions with case studies.
Student learning outcomes
To comprehend entire body of the Constitution and provisions of guarantee of fundamental human rights.
To acquire contents and boundaries of human rights.
To understand basic methodology for interpretation of laws.
To acquire legal background using the Constitution as a material, and to derive and draft your own answer from a legal point of view by using the legal syllogism in solving problems.
Course taught by instructors with work experience
| ✔ Applicable | How instructors' work experience benefits the course |
|---|---|
|
I will explain methodology of legal mind based on my career of an attorney at law, on assumption using the Constitution and other laws in a court. Because methodology cannot be acquired without practice, the goal of this class is to produce legal writing. |
Keywords
the Constitution, Human rights, Culture
Competencies that will be developed
| Specialist skills | ✔ Intercultural skills | Communication skills | ✔ Critical thinking skills | ✔ Practical and/or problem-solving skills |
Class flow
First, we overview the Constitution including of governmental functions for beginners. In the middle and second half, we learn common theories, and then go into details of human rights provisions.
In parallel, basic methodology of legal thinking, such as legal syllogism and interpretations will be instructed.
At the end of each lecture, some case studies will be provided as an assignment (I will give some hints in the lecture). For resolving cases, it is required to apply the knowledge of human rights provisions into legal methodology and to document the process of your thought.
Submission of those assignments is not obligatory, as well as perfect answers are not required, but I strongly recommend submitting them as trainings for the final examination, and as usefull skills for your future life.
Please try them.
Course schedule/Required learning
| Course schedule | Required learning | |
|---|---|---|
| Class 1 | 1. Guidance: Why is this class USEFUL? 2. Introduction to laws and the Constitution: What is the LAW? How to use? | 1. Understand roles of laws and the Constitution in society 2. Try to imagine how to use laws CaseStudy:Try to use LEGAL SYLLOGISM |
| Class 2 | 1. Understanding PRINCIPLES of the Constitution: "Constitutionalism", "Rule of law", "Popular sovereignty" maintain human rights. 2. Introductuion to interpretation of laws: What are roles of fundamental principals of laws? | 1. Understand the philosophy behind the terms of the Constitution, referring to the history of the constitutional philosophy 2. Understand relationships between provisions and philosophical terms of constitusion CaseStudy:Try to adapt legal syllogism |
| Class 3 | 1. GENERAL DISCUSSION of human rights: COMMON subjects are important. 2. Learn basic Methodology of LEGAL INTERPRETATION: What does mean "interpretation of laws/the Constitution" | 1. Read provisions of human rights, capturing arguments common with those provisions 2. Understand general information of legal interpretation CaseStudy: Try to draft interpretation of a provision |
| Class 4 | 1. Equality under the law, political freedom, and those boundaries I: Let's start studying EACH HUMAN RIGHT 2. How to interpret each provision of human rights? How does legal interpretation work in a form of a syllogism? | 1. Comprehend arguments related with equality under the law and freedom of conscience and thought. 2. Understand methodology and roles of setting a standard of constitutionality by interpretation CaseStudy: Try to document legal interpretation of the Constitution |
| Class 5 | 1. Political freedom and boundaries II: "FREEDOM of EXPRESSION" is here 2. Can you imagene entire body of documentation written in a form of a syllogism with interpretation of the Constitution? | 1. Comprehend arguments of freedom of speech 2. Understand entire process of legal solution used interpretation of constitutionality in a form of syllogism CaseStudy:Try to resolve a legal case by using interpretation of the Constitution |
| Class 6 | 1. Economical freedom, "Due process of law", social human rights and those boundaries; Constitotioal interpretation under REAL economy and society 2. Practice methodology of legal thiking by each human right provision | 1. Comprehend arguments of each human right 2. Understand the ideals and interpretation methods unique to each human right provision, and organize the consepts for legal thinking CaseStudy: Try to resolve legal cases regarding various human rights using interpretation in a form of syllogism |
| Class 7 | 1. Right to access to public service, right to vote and concepts of "New human rights" 2. Whati is the application of legal thiking useful for your future life. | 1. Comprehend arguments of each human right. 2. Prepare for the final examination |
| Class 8 | Summary of my class and FINAL EXAM （In case of face-to-face class) |
Out-of-Class Study Time (Preparation and Review)
To enhance effective learning, it is recommended to read the corresponding part of the textbook in advance with referring to the course material. Most effective way for review is to make documentation using legal methodology you learned when you answer case studies.
ATTENTION; you could not understand laws and legal mind just by reading textbooks.
Textbook(s)
[Please read the part corresponding to the lecture content in advance.]
Nobuyoshi Ashibe (Kazuyuki Takahashi) “Constitution (8th edition)” (2023, Iwanami Shoten) (Japanese)
Reference books, course materials, etc.
[For beginners]
Supervised by Akira Ikegami, original work by Masanori Kadowaki, drawing by Hiroki Subiki "Manga Our Japanese Constitution" (2019, Shuei-sha)(Japanese)
[For students learning more]
Naoto Katagiri et al. "Introduction to the Constitution to One Step Ahead (2nd Editon)" (2021, Yuhikaku)(Japanese)
Toshiyuki Munesue et al. “Case Book of Fundamental Human Rights: To the World of the Constitution (7th Edition)” (2024, Yuhikaku Selection)(Japanese)
Assessment criteria and methods
The final examination (if we can have classes in face -to-face)
OR
Term-end report with small assignments on attendance (if we have online classes)
ATTENTION: In case of online, the 8th lecture will not be held.
Related courses
- LAH.S201 ： Law (Constitutional Law) Ｂ
- LAH.S301 ： Law (Constitutional Law) C
- LAH.S102 ： Law (Civil Law) A
Prerequisites (i.e., required knowledge, skills, courses, etc.)
Whoever interested in the Constitution or laws is welcomed.
I personally recommend my course to everyone who wishes to train to make documents reasonably and effectively
Other
The Constitution of Japan is surely a rule regulating our lives as the same of other laws, though it is often argued in political aspect in our country. I recommend to attending to my class because knowledge of the Constitution surely make you develop a sense of basic legalmind useful in your social life.
Also, to think legally and to describe the process your thiking will be useful for your academic life and future.
PLEASE NOTE: If you do not attend my class, your legal argument will not likely reach the level of standard.
Thanks.
