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 2024 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 OR 76110c Introduction to Public International Law) AND 70110 Introduction to Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International 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)

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.
5.	Collaborate with peers by participating in online discussion, sharing research and, giving and receiving feed-back.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

• Legal Knowledge
  A coherent understanding of fundamental areas of legal knowledge including:
  a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
  b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
  c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
  d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively, including the ability to:
  a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
  b. Apply reasoning and research to generate appropriate responses;
  c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
  d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
• Collaboration
  Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
  a. An ability to give and receive feedback;
  b. Appropriate professional and interpersonal skills in working collaboratively;
  c. A capacity to develop strategies to successfully negotiate group challenges; and
  d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1: Collaborative learning via active participation in online discussion

Participation in online discussion provides students with an opportunity to ask questions of their lecturer and other students, to respond to points made by other students and, to share interesting and relevant articles with their peers.

Strategy 2: Promote students' reflection on their learning via self assessment of online participation and a reflective journal

Students develop and refine skills in assessing their own learning by preparing a self assessment of their discussion board contributions.
The reflective journal provides students with an opportunity reflect on how their learning in this subject has shaped or changed their views of selected Asian countries and their legal systems.

Strategy 3: Independent research and critical review

Students undertake independent research on a topic of interest and critically review each other’s assignments and then post their review online for that student to view. Independent research enables students 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 students to reflect on how they approached their own written assignment, and how they might improve their 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 students 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 students’ written assignment, and formal lecturer feedback on students’ 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.

Subject Delivery

This subject is taught online.

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, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.6.1
Weight:	30%
Length:	Approximately 200 words for initial posts, less for responses to other students. Total for best 5 contributions approximately 1,500 words.
Criteria:	Following are the criteria for Participation: Demonstrates the ability to critically analyse and evaluate subject readings and discuss questions related to the required readings Demonstrates capacity to respond to other students’ online comments in a balanced way, supported by references to the required readings or other relevant sources Fulfils the requirement to post a comment and reply on topics relevant to the subject content online in at least 8 of the 10 discussion weeks. Demonstrate knowledge of legal pluralism and the cultural, social and political factors which influence the development of law in selected Asian countries;

Assessment task 2: Written Assignment and Review

Intent:	Written Assignment (30%): This Assignment provides students with an opportunity to acquire more detailed knowledge of a particular area of Asian law through independent research as well as to demonstrate ability to critically evaluate published materials related to the chosen topic. Review (10%): Completing the review provides students with an opportunity to practise 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 students’ assignment writing skills in the future.
Objective(s):	This task addresses the following subject learning objectives: 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.6.1
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 the Written Assignment: Demonstrates a personal understanding of the principles of Asian Law and the cultural, social and political context which influences its development; Structures arguments coherently, stating a 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 (AGLC4) accompanied by a bibliography Following are the criteria for the Review. Students’ Reviews should: Begin by giving the title and question number of the assignment essay reviewed, and the name of the assignment’s author; Briefly summarise the main points made in the assignment reviewed. 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 the reviewer has learned from the essay and whether and why they 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: LAW.1.1 and LAW.3.1
Weight:	30%
Length:	Maximum 2000 words.
Criteria:	Reflective journals should: Demonstrate students reading and learning in the subject and, in particular, their reflection on and evaluation of the readings; Demonstrate students understanding of legal or other social, cultural and political issues related to the topics studied; Demonstrate students ability to explain issues logically and concisely; Be informed with relevant and reliable sources. Use correct spelling and grammar. Demonstrate a capacity to give appropriate, thoughtful responses to the comments of other students relevant to the topics selected.

Required texts

Black A & Bell G, Law and Legal Institutions of Asia (Cambridge U Press 2011). Information regarding purchase or download of the textbook is available in the note regarding the textbook which is available behind the Orientation tab on Canvas. The relevant chapters for each topic are set out in the study units in the topic folders behind the Subject Documents tab on Canvas.

There are also Required E-Readings for each study unit that are websites linked from the Subject Documents page on Canvas 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 (http://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/coursework-assessments-policy.html)

Recommended texts

• Peerenboom, R., China’s Long March towards the Rule of Law (Cambridge UP 2009)
• Lindsey, Tim (ed), Indonesia: Law & Society (Federation Press, 2nd ed, 2008)
• Wu, Min Aun, The Malaysian Legal System (Pearson 2005)

Other resources

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