LW3ALS: Asian Legal Systems

Module code: LW3ALS

Module provider: School of Law

Credits: 20

Level: 6

When you’ll be taught: Semester 2

Module convenor: Andrew Harding , email: andrew.harding@reading.edu.my

Pre-requisite module(s):

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2025/6

Available to visiting students: Yes

Talis reading list: No

Last updated: 3 April 2025

Overview

Module aims and purpose

Law is globalizing at an unprecedented rate. This third-year optional module is designed to enable students to be literate in the legal systems of Asia, systems that are becoming very important to the world at large in the ‘Asian century’. The module will help students to understand the historical foundations and trajectory of these systems, and how transplanted European systems (common law, civil law and socialist law) interact with Asian legal values. Understanding these values is critical to understanding how these legal systems operate as well as their substantive content.

All kinds of law are found in Asia. Given the number and variety of the legal systems under discussion, coverage will focus on salient examples, legal cultures and traditions, and cross-cutting themes such as legal pluralism and the relationship of law and society.

Module learning outcomes

By the end of the module, it is expected that students will be able to:

1. Understand the basis and structure of legal systems in the East Asian region.
2. Become literate in world legal systems more generally.
3. Understand critically the variation in understanding of and adherence to the rule of law.
4. Students will develop research and analytical skills, allowing them facility in understanding any non-English legal system.

Module content

Specific topics may change on a yearly basis but themes explored in the module include:

• Legal transplantation
• Legal pluralism
• Law and religion/ ideology (Islam, Confucianism, socialism)
• Problems of law reform and development
• Comparative legal analysis
• Constitutional foundations

Given that most students are Malaysian and the course is taught in Malaysia, there will be some focus on Malaysian constitutional law. Specific topics will include the following:

• Legal transplants and law reform
• Legal pluralism and traditional laws
• Indonesia: Reformasi and law reforms
• Thailand: Civil law reforms, and constitutional instability
• Japan: Civil law and the Northeast Asian legal complex
• China and Vietnam: Socialist law and market reforms
• Myanmar: Common law and constitutional struggles
• Singapore: law and Confucian values
• The Constitution of Malaysia: Foundations
• The Constitution of Malaysia: Religious freedom and jurisdictional disputes
• The Constitution of Malaysia: The Rulers and constitutional conventions
• Law and development in Asia

Structure

Teaching and learning methods

In Semester 2 there will normally be one 2-hour lecture and one 1-hour lecture per week (total 36 hours); one hour per week of blended activity (total 12 hours); and one hour of tutorial per week (total 60 contact hours).

Blended learning will include online interviews, lectures, podcasts, and seminars; guest lectures; and discussion of case studies and contemporary legal issues in Asia.

Tutorials will focus on formative activities (for example debates and group presentations), requiring advance preparation.

Study hours

At least 48 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 40% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Students have the opportunity for two formative tasks throughout the year including:

• Group presentation – in groups of 4 – 20 minutes per group – feedback is provided in class
• Coursework plan which will be marked and feedback given (end of week 9)

Reassessment

Additional costs