Confucianism and Law in East Asia

Course Description

Embark on a fascinating journey through East Asian legal systems and cultural values with this introductory course on "Confucianism and Law in East Asia." This course offers a unique perspective on the intersection of Confucian ethics, legal reasoning, and contemporary legal practices in China, Japan, and South Korea. By exploring the historical evolution of Confucian moral and legal reasoning, you'll gain valuable insights into the cultural nuances that shape conflict resolution, negotiation, and legal interpretation in East Asian societies.

What Students Will Learn

  • Unveil multi-layered cultural assumptions in East Asian societies
  • Identify cultural particulars and legal issues specific to East Asia
  • Understand Confucian moral values and their relation to the law
  • Develop critical thinking skills for conflict resolution in an East Asian context
  • Explore the role of apology in East Asian legal and social practices
  • Analyze contemporary legal cases from China, Japan, and South Korea
  • Examine the concept of Legal Orientalism and its critiques

Pre-requisites

  • College-level reading and writing skills
  • An open mind and willingness to engage with unfamiliar cultural concepts
  • Basic understanding of legal terminology (helpful but not required)

Course Coverage

  • Introduction to Confucianism and its fundamental principles
  • Historical development of Confucian influence in China, Japan, and Korea
  • The role of apology in East Asian legal systems and dispute resolution
  • Cultural particularities in legal reasoning and interpretation
  • Legal Orientalism: concept, critique, and contemporary relevance
  • Case studies on contract law, transfer pricing, and inter-Korean business law
  • Comparative analysis of East Asian and Western legal approaches

Who This Course Is For

  • Students interested in East Asian studies, law, or cultural anthropology
  • Researchers exploring comparative legal systems or conflict resolution
  • Business professionals seeking to understand East Asian negotiation practices
  • Legal practitioners looking to expand their knowledge of international law
  • Anyone curious about the interplay between culture, ethics, and legal systems

Real-World Applications

  • Enhancing cross-cultural communication in international business settings
  • Improving negotiation strategies when dealing with East Asian partners
  • Developing more effective conflict resolution approaches in multicultural environments
  • Gaining a competitive edge in international law or business careers
  • Fostering better understanding and cooperation in diplomatic or academic exchanges
  • Applying cultural insights to improve legal and business practices in East Asian markets

Syllabus

Week 1: Confucianism and Law

  • Introduction with Prof. Kenjiro Tsuchida
  • Confucianism and fundamentals Part 1 & 2
  • Tang and Qing China
  • Confucian influence in Tokugawa Japan (1603-1867)
  • Confucian jurisprudence in Yi Korea (1382-1910)

Week 2: Apology and Wrongdoings

  • Apology and legal effects
  • Cultural particulars and apology
  • Law and literature - Interview with Prof. Tetsuhito Motoyama
  • Apology and corporate dispute resolution in Japan
  • Apology and defamation in Korea
  • Legal narrative in China

Week 3: Legal Orientalism and Beyond

  • Theoretical orientation
  • Deconstructing Legal Orientalism - Interview with Prof. Takao Suami
  • Chinese contract law - Interview with Prof. Hikota Koguchi
  • Contract law in China
  • Transfer pricing in Japan
  • Inter-Korean Business

By enrolling in this course, you'll gain a deep understanding of East Asian legal systems, cultural values, and their impact on modern society, preparing you for success in an increasingly interconnected world.