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Culture and Law

The East Asian Perspective

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.

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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

Syllabus

Week 1 Confucianism and Law
Introduction with Prof. Kenjiro Tsuchida
Confucianism and fundamentals Part 1
Confucianism and fundamentals Part 2
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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

Good to know

Know what's good
, what to watch for
, 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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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
Build a solid foundation by refreshing core legal concepts.
Browse courses on Legal History
Show steps
  • 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
This book provides the foundational teachings of Confucianism, which is a central theme in the course.
Show steps
  • 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
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
Expand to see all activities and additional details
Show all 15 activities
Attend Cultural Exchange Meetups
Gain exposure to diverse perspectives and foster cultural understanding.
Show steps
  • 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
This tutorial will provide a foundational understanding of Legal Orientalism, a key concept in the course.
Show steps
  • 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
Develop practical conflict resolution techniques and enhance communication skills.
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Show steps
  • 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
Enhance negotiation and conflict resolution skills in a practical and interactive setting.
Browse courses on Negotiation
Show steps
  • 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
Develop critical thinking and ethical reasoning by exploring the role of apology in East Asian cultures.
Browse courses on Apology
Show steps
  • 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
This activity will allow you to engage with course material and deepen your understanding of East Asian legal systems.
Show steps
  • 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
Reinforce understanding of legal principles and their application in various cultural contexts.
Browse courses on Case Studies
Show steps
  • 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
This activity will enhance your ability to apply Confucian values to legal reasoning, a key skill in the course.
Browse courses on Confucianism
Show steps
  • 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
Foster critical thinking and analytical skills by comparing and contrasting cultural practices and values.
Browse courses on Comparative Analysis
Show steps
  • 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
Develop legal research and writing skills by analyzing and presenting complex legal issues.
Browse courses on Contract Law
Show steps
  • 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
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
Show steps
  • 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
This activity will provide practical experience in applying your knowledge of East Asian law while contributing to the open-source community.
Browse courses on Open Source
Show steps
  • 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.
See salaries and explore the career path for Attorney
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.
See salaries and explore the career path for Diplomat
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.
See salaries and explore the career path for International Business Consultant
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.
See salaries and explore the career path for Journalist
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.
See salaries and explore the career path for Mediator
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.
See salaries and explore the career path for Nonprofit Program Manager
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.
See salaries and explore the career path for Policy Analyst
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.
See salaries and explore the career path for Professor
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.
See salaries and explore the career path for Researcher
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.
See salaries and explore the career path for Risk Analyst
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.
See salaries and explore the career path for Social Worker
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.
See salaries and explore the career path for Teacher
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.
See salaries and explore the career path for Translator
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.
See salaries and explore the career path for Writer
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.
See salaries and explore the career path for Business Development Manager

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.
Cover image
The Analects
Save
This classic text that contains the teachings of Confucius, which are foundational to understanding Confucianism.
The Analects
Paperback
Check
The Analects
Kindle Edition
Check
Cover image
DOCTRINE OF THE MEAN (The Confucian Way to Achieve...
Save
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
Check
DOCTRINE OF THE MEAN (The Confucian Way to Achieve...
Kindle Edition
Check
Cover image
The Korean Buddhist Empire
Save
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
$$
Cover image
Traditional Ethics and Contemporary Society of China
Save
Provides a textbook-style overview of the Chinese legal system, which is useful for students who want a more in-depth understanding of the topic.
Traditional Ethics and Contemporary Society of China
Paperback
$$$$
Cover image
The Cambridge Illustrated History of China
Save
Provides a detailed examination of the legal system in traditional China, which is helpful for understanding the foundations of East Asian legal systems.
The Cambridge Illustrated History of China
Paperback
$$
The Cambridge Illustrated History of China
Paperback
$$
The Cambridge Illustrated History of China
Hardcover
$$
The Cambridge Illustrated History of China
Kindle Edition
$$
Cover image
Politics By Other Means
Save
Provides a comprehensive overview of the Japanese legal system, which is one of the specific legal systems discussed in the course.
Politics By Other Means
Paperback
Check
Politics By Other Means
Kindle Edition
Check
Cover image
Japanese Shipping and Shipbuilding in the Twentieth...
Save
Examines transfer pricing practices in Japan, which is another specific legal topic covered in the course.
Japanese Shipping and Shipbuilding in the Twentieth...
Paperback
Check
Japanese Shipping and Shipbuilding in the Twentieth...
Kindle Edition
Check
Cover image
North Korea
Save
Provides a comprehensive overview of the Korean legal system, which is one of the specific legal systems discussed in the course.
North Korea
Paperback
Check
North Korea
Kindle Edition
Check

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Course image
Effort
4 to 6 hours per week for 3 weeks
Level
Introductory
Via
edX
Institution
Waseda University
Instructor
Maji C. Rhee
Session
April 16, 2024 - April 1, 2025
Language
English
Transcript
English
Good to know
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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