Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course aims to introduce students to the characteristics of the legal systems of Asian nations. Focus is on three components: structural, substantive and cultural. The nations to be covered include: China, Taiwan, Korea, Vietnam, Malaysia, Brunei Darussalam, Indonesia and Japan.
This course articulates and reflects on the characteristics of the legal systems of Asian nations. The focus is on the three components of a legal system: structural, substantive and cultural.
Under the structural component, we look at the legal institutions that make up a particular legal system, such as the legislature, the courts, the legal profession, and in some nations its ruler, a political party, or religious authority. The constitution as grundnorm is important in each nation studied. In the substantive component we look at the laws, rules and decisions that are created by those institutions. The third component is legal culture which incorporates a nation's social and historical traditions, values and attitudes towards law and the legal system, and the political, economic and ideological factors that impact upon the operation of each system.
This course does not deal specifically deal with one area of law, for example business law, company law or intellectual property law, but takes a socio-legal perspective to the laws and legal systems of the Asian region.
Course requirements
Assumed background
It is assumed that students will have completed at least one year of law studies and have a knowledge of Constitutional law.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS3700
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS7167
Restrictions
LLB(Hons)(#64), LLB(Hons)(#48), LLB, LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
This course has been designed to introduce students, who have been studying in detail the Australian legal system, to the legal systems of the nations in our own region. These are the nations with which we increasingly have economic, political, and cultural ties. Also, as more Australian law firms establish offices in the Asian region, knowledge of Asian legal systems - their law and legal culture - becomes of practical, not only academic interest. As a multi-cultural nation we, as individuals and as legal professionals, can only benefit from understanding more about the Asian nations and their law.
Additionally, by appreciating the varied ways in which the legal systems of these Asian nations operate, one can also gain greater understanding of our own legal system and legal culture.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
identify the structural features of an Asian nation's legal system and understand its practical operation;
LO2.
demonstrate knowledge of the character of the laws and rules, formal and informal, in the legal system of Asian nations covered in this course;
LO3.
demonstrate an understanding of the social values and attitudes to the legal system of an Asian nation;
LO4.
demonstrate knowledge of the history and tradition of law in a country and how that informs the contemporary legal system;
LO5.
demonstrate awareness of the major and contemporary issues facing a nation's legal system and be able to evaluate the effectiveness of measures introduced to address these issues;
LO6.
demonstrate basic knowledge of methods for classifying and comparing legal systems including the concept of legal pluralism;
LO7.
make comparative analysis between legal systems drawing on points of divergence and convergence between the countries of the Asian region;
LO8.
communicate complex legal ideas and Asian concepts in ordinary accessible language;.
LO9.
undertake research on Asian jurisdictions; and
LO10.
develop creative skills either through creating a video or writing in a non-academic style to engage and inform a wide audience.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Presentation |
Asian Spotlight
|
40% |
5/08/2024 - 30/09/2024 |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Asian Spotlight
- Online
- Mode
- Activity/ Performance, Oral, Product/ Artefact/ Multimedia
- Category
- Presentation
- Weight
- 40%
- Due date
5/08/2024 - 30/09/2024
- Learning outcomes
- L01, L02, L03, L04, L05, L07, L08, L09, L10
Task description
During the semester you will work individually (or in pairs) to create either a short 2 (or 4 ) minute presentation to be shown in class - either as a video or as an oral with visual components. It will provide a spotlight on an important and distinctive feature of one Asian nation covered in the course. Each spotlight will inform our in-class discussion for the applicable weekly seminar. Each will relate to a (legal) aspect of one of four themes:
- Capital or distinctive approach or feature of punishment.
- Media – traditional media, social media, censorship or government control.
- Issues of gender or identity – within or outside the family, the workplace or society at large.
- Indigenous peoples.
There are eight seminars of our ten seminars in which the 'spotlight' is to be shared with the class.
- Seminar 2: China (PRC) on 5th August
- Seminar 3 China’s Regions: Xinjiang & Tibet (ARs) , and HKSAR (SARs) and democratic Taiwan (ROC) on 12th August
- Seminar 4 South Korea (ROK) on 19th August
- Seminar 5 North Korea (DPRK) on 26th August
- Seminar 6 Japan on 2nd September
- Seminar 7 Brunei and Singapore on 9th September
- Seminar 8 Malaysia on 16th September
- Seminar 9 Indonesia on 30th September
More details on this task will be on Blackboard. I will also provide information and some examples in our first class.
Marks:
35 for the video or presentation given in class
5 for demonstrating knowledge of the topic through answers given to questions asked by the class (and me).
TOTAL 40 marks
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
The 'Spotlight' presentation - video, powerpoints etc will be uploaded to Blackboard prior to the class. See Blackboard for more information on submission.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02, L03, L04, L05, L06, L07, L08
Task description
Any written or printed material is permitted in the exam; it may also be annotated.
There will be two parts: The first requires students to provide a briefing to a senior decision maker/s on a contemporary legal issue in Asia.
Students will be given two or three options from which one is selected.
The briefing paper allows for reflection and analysis of core material covered during the course. Students should strive for considered but concise writing demonstrating knowledge and understanding of how law and the legal institutions of the region operate as well as your own independent and critical-analysis in coming to recommendation/s.
The second part will have a series of questions to which you give short responses. The questions will be drawn from each of the three regions (East, Northeast and Southeast) and may require a comparison between two or more jurisdictions.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) tools will not be permitted. Any attempted use of Generative AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 90 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Additional assessment information
For more details on assessment items please go to the Blackboard site.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
Additional VIDEOS
- 'Chinese Mediation' from ‘Mediating: Heart of the Dragon’, ABC [1985] An ASH FILMS co-production for Channel Four (UK). Credits Written & Directed by Peter Montagnon: Producer: Project Lui.
- 'Roads to Freedom' from the series China Rising, VEA, Woolridge.ﾠ
- ‘China – Xinjiang’, reporter Eric Campbell, 10/7/2002, Foreign Correspondent, ABC.
- ‘Hong Kong Story: as it Happened’, narrator Tom Browne, 19/6/97, written and directed by Libby Halliday, producer Elaine Forsgate Marden, Film Business Ltd in association with SBS TV.
- 'Barrel of a Gun' from series the Pacific Century, VEA, Woolridge.
- ‘Re-inventing Japan’ from series the Pacific Century, VEA, Woolridge.
- ‘Sisters in Islam’, Compass, narrator Geraldine Doogue, 27/6/99, produced and directed by Mark Edmonston, ABC.
- Japan’s Legal Revolution, Dateline, 5/5/08, SBS.
- Undercover in Tibet, ﾠFour Corners, reporter: Tasha Despa; narrator: Hugh Bonneville, director Jezza Neumann. 14/7/2008 ABC1.
- ‘Constitutional makeover’, Asia Pacific Focus, presenter: Helen Vatsikopoulos; reporter: Shane McLeod, 20/5/07, ABC 1 [DS885.2 .C66 2007 SSH].
- ‘Japan justice’, Foreign Correspondent, Producer: Ian Altschwager. Reporter Mark Simkin, 16/3/2004, ABC. [HV8257.A2 J37 2004 Law].
- 'A Proper place in the world', production of WWTW/Chicago and Central Independent Television, produced and directed by Peter Spry-Leverton, Video Education Australasia, 1992.
- China firewall, Foreign Correspondent, 29/4/2008, reporter Stephen McDonell, ABC1 [HM851 .C55 2008 SSH].
- ‘The people's court’, SBS, director: Bruno Sorrentino; producer: Maggie Still, 23/1/2008, Xanadu Productions Ltd, 2007 SBS [KNQ1572 .P46 2008 Law].
- ‘Taiwan: Dire Strait’, Foreign Correspondent, ABCﾠ8/3/2005 [DS799.5 .T35 2005 Law].
- Testing times, Asia pacific focus, ABC reporter: Helen Vatsikopoulos. 20/8/2006 [DS922.4637 .T47 2006 SSH].
- ‘Postcard from North Korea’, Foreign Correspondent, reporter: Mark Simkin, 30/10/2002, [DS932.4 .P67 2002 SSH].
- ‘Guardians of the forest’, SBS, director: Alan D'Cruz; producer: Mary Maguire. Verado Films, Ltd, 2000, 20/7/01 [GN635.M4 G83 2001 SSH].
- ‘Islam in Indonesia’,Compass, Director/producer: Peter Kirkwood; reporter: Geraldine Doogue, Weekly 5/11 - 12/11/2006, [BP63.I5 I8476 2006 Law].
- ‘Indonesia: pornography and politics’ Dateline, SBS. Director: Keith Kneebone; producer: Ashley Smith; presenter: Mark Davis; reporter: Bronwyn Adcock, 28/6/2006 [DS644.5 .I64 2006 SSH & Ipswich].
- ‘Bali first’, Foreign Correspondent, Producers: Meena David, Yumiko Asada 25/10/2005 [HV6433.I63 B35 2005 Ipswich].
- ‘East Timor: Justice denied.’ Foreign Correspondent, Producer: Jill Jolliffe. Reporter: Eric Campbell, 16/5/2006 [DS649.6 .E26 2006 SSH].
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 2 (29 Jul - 04 Aug) |
Seminar |
Seminar 1: Introduction and Early China (1) Introductory material; the concept and classification of legal systems; core concepts in analysing other legal systems; differences and similarities. (2) Development of the early Chinese legal system & the legacy of the four main philosophies, in particular Confucianism and Legalism. (3) Key features of the Chinese legal system in the early 20th century: division into Republic of China and the Peoples Republic of China(1949). (4) Legal Institutions in today's PRC. Learning outcomes: L01, L02, L03, L04, L06 |
Week 3 (05 Aug - 11 Aug) |
Seminar |
Seminar 2: The Chinese Legal System in 21st C The Chinese [PRC] legal system today: Socialism with Chinese Characteristics: the Constitution and recent amendments, key institutions and legal processes. Institutions for making & interpreting laws, human rights, & the courts. A guest lecturer will contribute. Learning outcomes: L01, L02, L03, L04, L05 |
Week 4 (12 Aug - 18 Aug) |
Seminar |
Seminar 3: The Regions of China Although a unitary state there are regions in the PRC with some additional autonomy. (1) Autonomous Regions : Focus on East Turkestan (Xinjiang AR)- Accommodating ethnic & religious difference. What does this 'autonomy' mean in practice? (2) Special Administrative Regions: Focus on Hong Kong SAR. Accommodating another political, economic & legal system. What was the design of 'one country, two systems' and its implementation today? (3) Whilst the PRC claims Taiwan as part of its territory, the Republic of China (Taiwan) acts as an independent democractic naion. What are Taiwan's unique legal features? Learning outcomes: L01, L02, L03, L04, L05, L07 |
Week 5 (19 Aug - 25 Aug) |
Seminar |
Seminar 4: North East Asia - Korea Confucian informed Northeast Asia: defining features. South Korea (ROK) - Democracy with Confucian characteristics. The role of the Constitutional Court as an agent for societal change and the political process. Guest lecturer. Learning outcomes: L01, L02, L03, L04, L05, L07 |
Week 6 (26 Aug - 01 Sep) |
Seminar |
Seminar 5: North Korea A nation on the Korean Peninsula with a different legal direction and socialism informed by Juche & Songun ideologies. Cult of the leader. Ideology & legal repression in the 'hermit kingdom'. Learning outcomes: L01, L02, L03, L04, L05, L07 |
Week 7 (02 Sep - 08 Sep) |
Seminar |
Seminar 6: Japan The Japanese legal system. Shinto, Confucian and US informed laws merge to form a distinctive legal culture. The future for the Peace Constituion. Learning outcomes: L01, L02, L03, L04, L05, L06, L07 |
Week 8 (09 Sep - 15 Sep) |
Seminar |
Seminar 7: South East Asia: Brunei and Singapore Introduction to South-East Asia. Features of law in this region of Asia, particularly the role of Islamic law and nationalistic ideologies. The legal legacy of colonisation. Two small affluent SE Asian nations chartering distinctive but different directions for their plural societies. Legal pluralism. Learning outcomes: L01, L02, L03, L04, L05, L07 |
Week 9 (16 Sep - 22 Sep) |
Seminar |
Seminar 8: Malaysia Malaysian law and legal institutions. Pluralism within an Asian federation. Rationale for Bumiputra special legal status. Learning outcomes: L01, L02, L03, L04, L05, L06, L07 |
Week 10 (30 Sep - 06 Oct) |
Seminar |
Seminar 9: Indonesia Law and democracy in the world's largest Muslim nation. Role of the Pancasila and establishing the rule of law whilst dealing with corruption. Learning outcomes: L01, L02, L03, L04, L05, L06, L07 |
Week 12 (14 Oct - 20 Oct) |
Seminar |
Seminar 10: Overview, Revision and exam preparation Learning outcomes: L01, L02, L03, L04, L05, L06, L07 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: