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Prof. Giorgio Fabio COLOMBO
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Lesson n. 1
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In some African tribes, the shaman also serves as a judge To determine if somebody is guilty or innocent of a crime, the shaman gives some poison to a rooster If the rooster survives, the accused is innocent If the rooster dies, the accused is guilty Is this a proper way to do?
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Before giving the poison to the rooster, the shaman asks all the involved parties about their opinion He listens to witnesses He looks at evidence Nobody else can check how much poison is actually given to the rooster. The shaman decides on the basis of his findings
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Is it radically different from this?
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Is my body «mine»? Can I dispose of it? ◦ Can I get a tattoo? ◦ Can I practice an extreme sport? Even if I risk my life? ◦ Can I sell my organs? ◦ Can I decide to die? Where are the boundaries? Why? Who should set the boundaries?
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The purpose of this seminar is to help you to think about law in different terms ◦ Notions like «law», «justice», «sanction», change according to the context «Legal pluralism» and contemporary issues Thinking about law «out of the box» «Law is intellect without desire». There is no subject a lawyer cannot approach with a professional eye
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Sufficient command of English language ◦ Lectures, readings and debates will be in English; ◦ It is not necessary to be fluent Active participation ◦ This seminar is based on the active participation by the students ◦ A significant part of the evaluation will be based on participation Minimum attendance ◦ You are required to attend at least 70% of the classes
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The seminar will be composed of 13 lessons, starting from April 15, 2016 and finishing on July 22, 2016 Some lessons will require preliminary readings, and will be divided into: ◦ Teaching (first classes) ◦ Presentation by the students (volounteers) ◦ Debate, discussion
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This seminar is based on interaction between students and instructors Students are required to take active part in the lectures Comments to readings, contributions to lectures, questions, etc. will be used to evaluate students’ performance 70% of the evaluation will be determined this way
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As for the remaining 30%, the evaluation will be determined by the mid term and final tests In case of group presentations, balanced allocation of work will be taken into account for that purpose We do care about rewarding good students
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Lesson 1 ◦ Today Lesson 2 ◦ Introduction to the subject (by the instructor): key concepts, basic theoretical framework Lesson 3 ◦ Early works, Legal Ethnography (by the instructor) Lesson 4 ◦ Social Rules, Legal Rules, Religious Rules (from this class onwards, presentation by the students)
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Lesson 5 ◦ Legal Sanctions, Social Sanctions Lesson 6 ◦ Dispute resolution in context Lesson 7 ◦ Mid-term Test Lesson 9 ◦ The State as Educator Lesson 10 ◦ Human Rights, Asian Values
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Lesson 10 ◦ Different Perspectives on Financial Law Lesson 11 ◦ The State as Educator II Lesson 12 ◦ Cultural Defence I Lesson 13 ◦ Cultural Defence II Lesson 14 ◦ Final test
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Please introduce yourself
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Please tell us what do you expect from this seminar
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Prof. Giorgio F. COLOMBO colombo@law.nagoya-u.ac.jp
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