Culture and Law: The East Asian Perspective

In most Western cultures, personal identification is based on the individual, whereas in East Asia, the family registry system has been used to identify individuals.

“Confucianism” is one of the common ethical values in East Asia. Confucian values place much emphasis on an individual’s moral obligation to family members.

In this course, we will cover three themes. We will begin with identifying how Confucian moral and legal reasoning have evolved and the unique aspect of the role of apology in East Asia. The course also introduces the notion of Legal Orientalism and argues against the theory by presenting cases related to the advanced notion of anticipatory repudiation in China, a transfer pricing case in Japan, and Inter-Korea business law in Korea.

Students and researchers interested in an introduction to East Asian societies, conflict resolution, negotiation studies, as well as contemporary legal cases in Japan, South Korea, and China are welcomed to join the course and discussions.

Week 1 Confucianism and Law

• Introduction with Prof. Kenjiro Tsuchida
• Confucianism and fundamentals Part 1
• Confucianism and fundamentals Part 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