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76003 Asian Law and Legal Systems

Warning: The information on this page is indicative. The subject outline for a particular session, 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.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70616 Australian Constitutional Law OR ((76006c Public International Law OR 70108c 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.

Description

Preparing law students to be internationally aware practitioners is crucial in our globalising world. As Australia seeks to strengthen its political, cultural and economic links with Asia, developing knowledge and cultural understanding of Asian legal systems is increasingly important. This subject is designed to introduce students to the reception and operation of legal systems in several countries of East and South-East Asia, with special reference to the reception of European law and Islamic law by these countries.

The focus of study is the legal systems of China, Japan, Malaysia, Indonesia and Singapore, but the broader discussion of legal transplantation and pluralism, 'Orientalism', and the impact of cultural and religious values on legal development as relevant in many other countries in the Asian region is also introduced. Students have the opportunity to discover and discuss alternative perspectives of law and to understand how legal systems develop in the context of particular historical and cultural experiences.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Demonstrate a basic knowledge and understanding of several different Asian legal systems and the historical, cultural and political contexts within which these legal systems have developed.
2. Articulate the concept of legal pluralism and its practical application in different Asian countries.
3. Examine and evaluate the impact of the introduction of western legal systems in selected Asian countries.
4. Develop critical thinking, especially challenging preconceived notions about Asian law and cultures, and learn to evaluate legal and academic materials from a variety of different sources.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)

Teaching and learning strategies

Strategy 1: An intensive face-to-face introductory discussion followed by active participation in online discussion boards

Students will take part in intensive face-to-face discussion at the beginning of this subject. This will lay the foundations for the subject and facilitate the formation of study groups and collaborative learning via online Discussion Board peer interactions.

Participation on the Discussion Board is very important to your learning in this subject. The Discussion Board enables you to raise issues, ask questions of lecturers and other students, respond to points made by other students, post interesting and relevant articles you have found and as far as possible converse with other class members as you would in a face-to-face class.

Strategy 2: Promote students’ reflection on their learning via a reflective journal

The Reflective Journal is a written synthesis of your contributions to the Discussion Board in this subject, and your reflections on those contributions. In addition to summarizing your existing Discussion Board contributions, the reflective journal should include a reflection on how your views of selected Asian countries and their legal systems have been shaped or changed by the subject.

Strategy 3: Independent research and critical review

You will undertake independent research on a topic of interest and critically review each other’s assignments and then post your review online for that student to view. Independent research will enable you to develop in-depth critical understanding of specific issues. Writing a review not only facilitates reflection on the writing skills and arguments of others, but allows you to reflect on how you approached your own written assignment, and how you might improve your academic writing skills. Further, peer reviews allow additional feedback for students beyond the instructor’s formal feedback.

Strategy 4: Feedback

Feedback is essential to effective learning. Feedback is provided throughout this subject to enable you to learn the substantive principles and critical analysis necessary to be a lawyer culturally nuanced in how different Asian laws operate.

Feedback is provided throughout this subject in the form of peer commentary and responses, and lecturer input via the Discussion Board. As noted above, feedback is quite structured in this subject, and involves informal peer and lecturer responses to your online comments, formal lecturer and peer feedback on your Written Assignment, and formal lecturer feedback on your final Reflective Journal.

In addition, lecturer feedback will be provided to correct legal inaccuracies that may occur in online student responses, to guide discussions, and to indicate how the group as a whole is performing. Individual students may also contact the lecturer to arrange a face-to-face meeting.

Subject Delivery

Asian Law is delivered online apart from one face-to-face introductory session at the start of the teaching session. In lieu of regular lectures, you must complete required readings, post regular comments and responses to prescribed discussion questions, and complete a face-to-face intensive session at the start of the subject.

Content (topics)

  1. Asian history and cultural development
  2. Perceptions of different legal systems, orientalism & reverse orientalism, ‘Asian values’ & ‘Australian values’
  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 system
  7. Malaysia, family law, & Islamic law issues
  8. Japan, legal history, political & judicial system
  9. Japan, land & environment, gender issues, institutional reform
  10. Indonesia, legal system, family law, intellectual property issues
  11. Singapore, legal history, political & judicial system.

Assessment

Assessment task 1: Participation

Intent:

The aim of this assessment is to demonstrate an ability to discuss aspects of Asian law topics online with peers, with reference to subject readings and relevant media reports.

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

3.0 and 6.0

Weight: 30%
Length:

Approximately half a page (12 point font) per online post, with at least one comment and one response to another student each week – total equivalent for the session is 1,500 words.

Criteria:

The following indicate what would be expected of students to attain each grade level for Participation:

Pass: You have posted the equivalent of one comment and one response every two weeks over the whole subject, but some of your contributions have been posted very late in the subject, well after the relevant topic should have been completed. You have attempted to deal with some of the questions for discussion in each topic, but your comments are vague and unsupported and/or you do not show much awareness of other students’ opinions. You may have mentioned one or two other reading materials, but you have not explained why you are referring to them. You are “going through the motions” rather than taking part in a discussion.

Credit: You have posted at least one comment and response every two weeks in a timely manner and have dealt with many of the questions for discussion, and you have responded to other students’ comments on your own or other students’ postings. However, you have not supported your postings with many references to the readings or other relevant materials, and you have not explained why you are referring to other materials, or why you find them helpful or one sided.

Distinction: You have posted at least one comment and response every two weeks in a timely manner and dealt with many of the questions for discussion in each topic and you have responded to other students’ comments on your own or other students’ postings. You have also supported your postings with references to the readings or other relevant materials, and have included your own balanced reflections/evaluations of those materials. You have explained why you found those readings/materials helpful or otherwise.

High Distinction: You have done everything required for a Distinction, but as well you have posted more frequently and have enthusiastically participated in the discussions on all or most of the topics, maintaining a consistently high standard of work throughout the session.

Fail: You have not participated even to the minimum extent required for a Pass (as outlined above).

Assessment task 2: Written Assignment and Review

Intent:

Written Assignment (30%): This Assignment will allow you to acquire more detailed knowledge of a particular area of Asian law through independent research & demonstrate ability to critically evaluate published materials related to the chosen topic.

Review (10%): Completing the review will give you a chance to practise your critical analysis, which is an important attribute to have in many different careers; it will also give each student some extra peer feedback on their assignment to supplement any comments given by the instructor. Such extra feedback is useful for developing your assignment writing skills in the future.

Objective(s):

This task addresses the following subject learning objectives:

2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0 and 3.0

Weight: 40%
Length:

Written Assignment length: minimum 1200 words and maximum 2000 words, including footnotes and bibliography;

Review length: maximum 2 typed pages in 12 point font.

Criteria:

Following are the criteria for your Written Assignment:

  • Demonstrates a personal understanding of the principles of Asian Law and the cultural, social and political context which influences its development;
  • Structures your arguments coherently, stating your thesis in the introduction and summarizing arguments and counter-arguments in the conclusion;
  • Develops coherent and persuasive argument(s) addressing the question and supported by a range of reliable sources;
  • Demonstrates the capacity to engage in critical analysis of sources, especially awareness of bias in sources;
  • Clearly and concisely written with correct grammar and spelling;
  • Accurate citation and complete referencing (AGLC3) accompanied by a bibliography

Following are the criteria for your Review. Your Review should:

  • Begin by giving the title and question number of the assignment essay you are reviewing, and the name of the assignment’s author;
  • Briefly summarise the main points made in the assignment that you are reviewing.
  • Evaluate the author’s argument, taking into account:
    • Whether the question asked has been fully addressed
    • Whether the author has provided adequate academic support for the argument
    • Whether any argument is advanced which is not relevant to the question, or is clearly contrary to conventional opinion (it is ok to be unconventional but it should be backed up with evidence or other academic opinion); and
  • Conclude by stating what you have learned from the essay and whether and why you would recommend it/not recommend it to other students in the subject.

Assessment task 3: Reflective Journal

Intent:

The aim of this reflective journal is to demonstrate knowledge of Asian legal systems gained during the subject and the ability to evaluate and reflect on the subject readings and one’s developing learning throughout the subject.

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0 and 3.0

Weight: 30%
Length:

Maximum 2000 words, but note that approximately 1000 words will be summaries of your previous online posts, not new content.

Criteria:

The following gives an idea of the criteria for your Reflective Journal and how these criteria will be reflected in your grade for this assignment. Your journal entries should:

  • Demonstrate your reading and learning in the subject and, in particular, your reflection on and evaluation of the reading that you have done;
  • Demonstrate your understanding of legal or other social, cultural and political issues related to the topics studied;
  • Demonstrate your ability to explain issues logically and concisely. You should write concisely, not using any more words to explain your point than you need to, and not repeating yourself unnecessarily;
  • Provide appropriate authority to support your views, using reliable sources. You do not need to engage in research for this assignment, and full citations are not required, but if you are using other peoples’ ideas, you have to acknowledge them clearly.
  • Use correct spelling and grammar.
  • Demonstrate your capacity to give appropriate, thoughtful responses to the comments of other students relevant to the topics you have selected.

This is an approximate guide to the kind of criteria that we expect for each grade for the Reflective Journal:

Pass: You have covered the required topics, but you have not referred to many of the required readings or to other relevant newspaper/internet articles, and you have not given your own evaluations/reflections on the topics and readings or on other students' comments. Alternatively, you may get a Pass if you have failed to cover all the topics, but the work you have done is of a high standard.

Credit: You have covered the required topics and have referred to many of the required readings, along with some relevant newspaper/internet articles, and you have shown some awareness of other students’ opinions. However, you have not done much critical evaluation or personal reflection on your readings or your learning in the subject.

Distinction: You have done everything that is required for a Credit, and in addition, when referring to required readings, additional readings that you have selected, and the opinions/work of other students, you have consistently demonstrated a reflective attitude towards your learning and the learning of others, and an ability to critically evaluate social, legal and political issues raised in the subject.

High Distinction: You have done everything that is required for a Distinction, and in addition, you have displayed particular skill at concisely and logically synthesizing the opinions of experts, and of other students, and your own reflections/evaluation of the subject matter display thoughtful and balanced opinions supported by reliable evidence.

Fail: You have not covered enough of the required topics, or you have covered the topics cursorily but obviously have not done adequate reading to enable you to reflect on the issues raised by the topics.

Required texts

Black A & Bell G, Law and Legal Institutions of Asia (Cambridge U Press 2011). See UTSOnline Subject Documents under each Topic for the relevant chapter to read each week. You should purchase a copy of the textbook from the UTS bookstore: Second hand editions may be available.

There are also Required E-Readings for each study unit that are websites linked from the Subject Documents page on UTSOnline under each individual Topic, or available as electronic documents via the UTS Library Catalogue, such under Subject Resources: key word 76003.

Other Essential Materials:

UTS:Law Faculty Guide to Written Communication (https://www.uts.edu.au/sites/default/files/law-form-guide-written-communication.pdf)

UTS Coursework Assessment Policy and Procedure Manual (http://www.gsu.uts.edu.au/policies/assessment-coursework.html)

Recommended texts

  • 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 (Pearson 2005)

Other resources

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