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Culture and Law

The East Asian Perspective

Maji C. Rhee

4.7

Based on 7 ratings

, see reviews

Maji C. Rhee

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 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.

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What's inside

Learning objectives

Unveil multi-layered cultural assumptions
Identify cultural particulars and legal issues in east asia

Learn confucian moral values in relation to the law
Build thinking skills for conflict resolution

Unveil multi-layered cultural assumptions
Identify cultural particulars and legal issues in east asia
Learn confucian moral values in relation to the law
Build thinking skills for conflict resolution

Syllabus

Week 1 Confucianism and Law

Introduction with Prof. Kenjiro Tsuchida

Confucianism and fundamentals Part 1

Confucianism and fundamentals Part 2

Traffic lights

Read about what's good

what should give you pause

and possible dealbreakers

Delves into the nuances of Confucian moral and legal reasoning, which are relevant to understanding East Asian law

Examines the concept of Legal Orientalism and provides concrete examples to challenge its claims

Incorporates diverse perspectives, including interviews with renowned experts in the field

Suitable for students interested in East Asian societies, conflict resolution, and contemporary legal cases in the region

Introduces cultural particulars, legal issues, and apology in East Asia, expanding learners' global awareness

Provides a comprehensive overview of legal and moral reasoning in East Asia, catering to various audiences

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Reviews summary

East asian law, culture, and society

According to students, this course offers a fascinating and insightful introduction to the interplay of culture and law in East Asia, particularly focusing on Confucianism's evolution and challenging concepts like Legal Orientalism. Learners consistently praise the expert and engaging instructors and the relevance of contemporary case studies. While it provides a solid foundational understanding of East Asian societies and legal frameworks, some reviewers noted it is more academic and theoretical than practical, suggesting it may not suit professionals seeking actionable legal advice. Pacing can sometimes be inconsistent, but overall, it's highly recommended for academic exploration.

Covers Confucianism, Legal Orientalism, and specific contemporary legal cases.

"I found this a very informative course covering complex topics like Legal Orientalism. The interviews with guest professors added valuable depth."

"As someone curious about how Confucian values influence modern East Asian legal systems, this was a great introduction."

"The coverage of Chinese contract law and Japanese transfer pricing was particularly interesting for me."

Professors are knowledgeable, insightful, and present material clearly.

"The lectures by Prof. Tsuchida were incredibly insightful, especially on Confucianism's evolution."

"The professors are experts and present the material clearly. I particularly appreciated how it challenged the notion of Legal Orientalism."

"The structure is clear, and the professors are very engaging. I felt the topic of Legal Orientalism was deconstructed brilliantly."

Offers a solid academic base in East Asian legal-cultural dynamics.

"This course provided a fascinating and much-needed perspective on the interplay between culture and law in East Asia."

"It offers a solid foundation for anyone interested in the region. I highly recommend it for those new to East Asian legal frameworks."

"I appreciated the broad overview of legal and cultural dynamics. This course is best for me if I'm seeking a foundational understanding."

Some sections felt rushed, and flow between topics could be smoother.

"The course is thought-provoking, but the pacing felt inconsistent. Some weeks covered a lot of ground quickly, while others felt slower."

"I found the content a bit disjointed. It jumped from Confucianism to specific legal cases without always making clear connections."

"Some sections, particularly on specific legal doctrines, felt a bit rushed and could benefit from more detailed explanations."

Course leans academic, not providing practical or actionable legal advice.

"I enrolled hoping for more practical insights into Inter-Korean business law, but it was largely theoretical. It didn't provide enough actionable information."

"It felt more like an academic overview for humanities students than a course for business or law practitioners. Not suitable for professionals."

"I found it not suitable for professionals seeking actionable legal advice, as it focuses more on high-level theory and history."

"I realized the course is best for foundational understanding rather than specialized legal training or practical application."

Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in Culture and Law: The East Asian Perspective with these activities:

Review Legal History

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Build a solid foundation by refreshing core legal concepts.

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Review textbooks, lecture notes, or online resources to refresh legal principles.
Take practice quizzes or mock exams to assess understanding of key concepts.
Seek clarification from peers or the instructor if needed.

Read The Analects of Confucius

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This book provides the foundational teachings of Confucianism, which is a central theme in the course.

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Obtain a copy of the book
Read the introduction and background information
Read the Analects, paying attention to the themes of morality and ethics
Take notes and reflect on the teachings

Review cultural anthropology

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Introduce fundamental concepts of cultural anthropology such as cultural relativism, ethnocentrism, and the role of culture in shaping human behavior and values.

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Review foundational texts in cultural anthropology, such as Tylor, Malinowski, and Boas.
Explore online resources and documentaries on different cultures to gain a broader perspective.
Attend a guest lecture or workshop on cultural anthropology to gain insights from experts.

12 other activities

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Attend Cultural Exchange Meetups

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Gain exposure to diverse perspectives and foster cultural understanding.

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Identify and attend cultural exchange events in your local community or online.
Engage in discussions and interactions with people from different backgrounds.
Share your own experiences and perspectives while actively listening to others.

Learn the Basics of Legal Orientalism

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This tutorial will provide a foundational understanding of Legal Orientalism, a key concept in the course.

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Find reputable sources on Legal Orientalism
Review the tutorials, paying attention to the key arguments
Take notes and summarize the main points

Conflict Resolution Techniques Walkthrough

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Develop practical conflict resolution techniques and enhance communication skills.

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Enroll in online tutorials or workshops on conflict resolution strategies.
Practice role-playing scenarios to apply learned techniques in real-world situations.
Seek feedback from peers or mentors to refine approaches.

Negotiation Skills Workshop

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Enhance negotiation and conflict resolution skills in a practical and interactive setting.

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Attend a negotiation skills workshop led by experienced professionals.
Participate in role-playing exercises and simulations to apply learned techniques.
Seek feedback and guidance from the workshop facilitators.

Discussion Groups on Apology and Wrongdoings

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Develop critical thinking and ethical reasoning by exploring the role of apology in East Asian cultures.

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Join or create a study group or online forum for discussing apology and ethical issues.
Prepare for discussions by reading relevant course materials and conducting research.
Actively participate in discussions, sharing insights and perspectives.
Reflect on the discussions and consider different viewpoints to broaden your understanding.

Discuss Case Studies on East Asian Legal Systems

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This activity will allow you to engage with course material and deepen your understanding of East Asian legal systems.

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Form a study group with peers
Select case studies on East Asian legal systems
Analyze the cases, considering the cultural and legal contexts
Discuss your findings and insights with the group

Case Study Analysis Exercises

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Reinforce understanding of legal principles and their application in various cultural contexts.

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Analyze real-world case studies involving cultural and legal issues.
Identify relevant legal principles and their cultural implications.
Develop arguments and recommendations based on the analysis.

Practice Applying Confucian Values to Legal Reasoning

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This activity will enhance your ability to apply Confucian values to legal reasoning, a key skill in the course.

Browse courses on Confucianism

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Review the principles of Confucianism and their application to law
Identify legal scenarios that involve moral dilemmas
Analyze the scenarios, considering the Confucian perspective
Develop arguments and solutions based on Confucian values

Cultural Comparison Essay

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Foster critical thinking and analytical skills by comparing and contrasting cultural practices and values.

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Select two contrasting cultures and identify specific aspects for comparison.
Research and gather information on the chosen aspects.
Analyze and interpret the similarities and differences between the cultures.
Write a well-structured essay presenting the findings and insights.

Legal Memo on East Asian Contract Law

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Develop legal research and writing skills by analyzing and presenting complex legal issues.

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Research and analyze case law, statutes, and scholarly articles related to East Asian contract law.
Draft a legal memorandum outlining the legal issues, arguments, and recommendations.
Seek feedback and revise the memo to improve clarity and persuasiveness.

Write an Essay on the Role of Apology in East Asian Conflict Resolution

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This activity will test your understanding of the role of apology in East Asian conflict resolution and allow you to demonstrate your analytical skills.

Browse courses on Apology

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Research the cultural and legal aspects of apology in East Asia
Analyze case studies or examples of apology in conflict resolution
Develop a thesis statement and outline for your essay
Write a well-structured and supported essay

Contribute to Open-Source Projects Related to East Asian Law

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This activity will provide practical experience in applying your knowledge of East Asian law while contributing to the open-source community.

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Identify open-source projects related to East Asian law
Review the project documentation and code
Identify areas where you can contribute
Submit pull requests with your contributions

Career center

Learners who complete Culture and Law: The East Asian Perspective will develop knowledge and skills that may be useful to these careers:

Attorney

Attorneys represent individuals and organizations in legal matters, advise clients on legal issues, and help them navigate the legal system. The course provides a solid foundation in East Asian legal systems and cultural assumptions, which is crucial for attorneys practicing in the region or dealing with East Asian clients.

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Diplomat

Diplomats represent their countries abroad, negotiate with foreign officials, and promote their nation's interests. The course helps build a foundation in East Asian cultures and legal systems, which is essential for diplomats working in the region.

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International Business Consultant

International business consultants advise companies on how to successfully operate in foreign markets. The course provides insights into East Asian business practices, legal frameworks, and cultural norms, which are crucial for consultants working in the region.

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Journalist

Journalists report on current events and issues, and provide analysis and commentary. The course helps build a foundation in East Asian cultures, legal systems, and current affairs, which is essential for journalists covering the region.

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Mediator

Mediators facilitate negotiations between disputing parties and help them reach mutually acceptable agreements. The course provides insights into East Asian conflict resolution styles and legal frameworks, which are crucial for mediators working in the region.

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Nonprofit Program Manager

Nonprofit program managers plan, implement, and evaluate programs that address social issues. The course provides insights into East Asian cultural values and social issues, which is crucial for program managers working in the region.

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Policy Analyst

Policy analysts research, analyze, and make recommendations on public policy issues. The course provides insights into East Asian political systems and legal frameworks, which is crucial for policy analysts working on issues related to the region.

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Professor

Professors teach and conduct research in their field of expertise. The course provides a comprehensive overview of East Asian legal systems and cultural assumptions, which is essential for professors teaching in the field.

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Researcher

Researchers conduct original research in their field of expertise. The course provides a solid foundation in East Asian legal systems and cultural assumptions, which is crucial for researchers working on topics related to the region.

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Risk Analyst

Risk analysts identify, assess, and manage risks for organizations. The course may provide insights into East Asian legal frameworks and cultural factors that may affect risk management strategies.

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Social Worker

Social workers provide support and services to individuals, families, and communities facing challenges. The course may provide insights into East Asian cultural values and social issues that may affect social work practice.

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Teacher

Teachers educate students in a variety of subjects. The course may provide insights into East Asian cultural values and educational practices that may affect teaching.

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Translator

Translators convert written or spoken text from one language to another. The course may provide insights into East Asian cultures and legal systems that may affect translation practices.

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Writer

Writers create written content for a variety of purposes. The course may provide insights into East Asian cultures and literary styles that may affect writing practices.

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Business Development Manager

Business development managers identify and develop new business opportunities for organizations. The course may provide insights into East Asian business practices and cultural factors that may affect business development strategies.

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Reading list

We've selected eight books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in Culture and Law: The East Asian Perspective.

The Analects

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This classic text that contains the teachings of Confucius, which are foundational to understanding Confucianism.

DOCTRINE OF THE MEAN (The Confucian Way to Achieve...

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This text contains two important Confucian classics that provide insights into Confucian ethics and morality.

DOCTRINE OF THE MEAN (The Confucian Way to Achieve...

Paperback

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DOCTRINE OF THE MEAN (The Confucian Way to Achieve...

Kindle Edition

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The Korean Buddhist Empire

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Provides a textbook-style overview of the Korean legal system, which is useful for students who want a more in-depth understanding of the topic.

The Korean Buddhist Empire: A Transnational History...

Hardcover

Traditional Ethics and Contemporary Society of China

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Provides a textbook-style overview of the Chinese legal system, which is useful for students who want a more in-depth understanding of the topic.

Traditional Ethics and Contemporary Society of China

Paperback

$$$$

The Cambridge Illustrated History of China

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Provides a detailed examination of the legal system in traditional China, which is helpful for understanding the foundations of East Asian legal systems.

The Cambridge Illustrated History of China

Paperback

The Cambridge Illustrated History of China

Paperback

The Cambridge Illustrated History of China

Hardcover

The Cambridge Illustrated History of China

Kindle Edition