Legal Process and Social Science
Faculty
S. Ota
Description
Law is not a self-executing instrument. Law is just one of many factors that influence the social interactions. As the societal parameters vary, and hence the patterns of social interaction vary, a legal rule may result in a variety of different social states. The law and legal practice, therefore, acquire their social meanings and values through this social process of interactions, which is hereby called "legal process." It is, thus, necessary to have analytical insights into the legal process in order to study and interpret law. Especially the social-scientific, not transcendental, insights are indispensable.
"Legal Process and Social Science" approaches the law with interdisciplinary methodologies. These methodologies include theories and empirical findings of economics, game theory, evolutionary theory, cognitive science, statistics, and sociology, as applied to law. This approach is based upon what is called legal instrumentalism, i.e. , law as an instrument for social control, which contrasts sharply with the traditional legal methods in Japan . The traditional legal method is based upon the notion that law is a given transcendental existence which stands for the justice (without any clear definition of what that means). Another contrast would be that Legal Process and Social Science zeros in on the ex ante analysis, especially on the incentive structure created by law, while the traditional legal method myopically focuses on the ex post distributive fairness.
Although it may be true that social science methods are not at all new to the mindset of public policy students, the course starts with the basics of social sciences, followed by the analyses on such legal fields as property, contract, torts, dispute resolution, and, if time allows, on crime.
This is a joint course with Law & Social Science at the Law School .