76003 Asian Law and Legal Systems

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

UTS: Law
Credit points: 6 cp

Subject level:

Undergraduate

Result type: Grade and marks

Requisite(s): ((70120 Legal Method and Research OR 70105 Legal Research)) OR (76006c Public International Law AND 70110 Introduction to Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Handbook description

The subject exposes students to another legal system. It is designed to introduce students to the reception of legal systems in the countries of East and South-East Asia, with special reference to the reception of English law and Islamic law by these countries.

Subject objectives/outcomes

The following learning objectives relate to the knowledge, skills and professional attributes which you will develop in this subject:

1. To gain a basic knowledge & understanding of several different Asian legal systems & the historical, cultural & political contexts within which these legal systems have developed.
2. To understand the concept of legal pluralism and its practical application in different Asian countries
3. To examine & evaluate the impact of the introduction of western legal systems in particular Asian countries
4. To develop critical thinking & the ability to evaluate legal materials from a variety of different sources

Contribution to course aims and graduate attributes

The 10 UTS: Law Graduate Attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Strategy 1 Online flexible learning combined with one intensive face to face lecture at the beginning of the semester
Strategy 2 Encourage student research into areas of personal interest
Strategy 3 Student participation via online Discussion Board
Strategy 4 Optional face to face tutorial mid-semester

Subject Delivery
On line via UTS Online [free text concerning subject delivery optional]

Content

1. Perceptions of different legal systems, orientalism & reverse orientalism, ‘Asian values’ & ‘Australian values’
2. Asian history and cultural development
3. Legal pluralism; reception of transplanted legal systems
4. China, legal history, political & judicial system
5. China, property, family & criminal law, human rights
6. Malaysia, legal history, political & judicial syste
7. Malaysia, family law, & Islamic law issues
8. Indonesia, legal history, political & judicial system, human rights
9. Indonesia, family law, Islamic law issues
10. Singapore, legal history, political & judicial system.
11. Japan, legal history, political & judicial system
12. Japan, land & environment, gender issues, institutional reform
    

Assessment

Assessment Item 1: Assignment

Intent:	Acquire more detailed knowledge of a particular area of Asian law & demonstrate ability to evaluate materials related to it
Objective(s):	1, 4
Weighting:	30%

Assessment Item 2: Reflective Journal

Intent:	Demonstrate knowledge of all aspects of the subject & evaluate relevant materials
Objective(s):	1, 4
Weighting:	40%

Assessment Item 3: Class Participation

Intent:	Demonstrate ability to discuss aspects of topics on line
Objective(s):	1, 4
Weighting:	30%

Required texts

There is no required textbook in this subject. However, there are required readings for each study unit that are linked from the Course Documents page on UTSOnline or available as electronic documents via the UTS Library Catalogue.

Students who wish to have a text that covers most of the countries discussed in this subject may purchase the Black and Bell text listed under Recommended Texts below.

Essential Materials:

• UTS Law Faculty Guide to Written Communication (www.law.uts.edu.au/students/assessment/submitting.html)
• UTS Coursework Assessment Policy and Procedure Manual (http://www.gsu.uts.edu.au/policies/coursewkassess.html)

Recommended texts

• Black A & Bell G, Law and Legal Institutions of Asia, Cambridge U Press 2011.

• Peerenboom, R, China’s Long March towards the Rule of Law, Cambridge UP 2002
• Lindsey, Tim (ed), Indonesia: Law & Society, Federation Press, Sydney 2008
• Wu, Min Aun, The Malaysian Legal System 2005

References

References for each topic are listed in the topic study guides under 'Course Documents' for this subject on UTS Online

Other resources

E-Readings for this subject are available through UTS Library.

Other recommended readings are listed for each topic under 'Course Documents'