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Author: Tay-sheng Wang Publisher: University of Washington Press ISBN: 0295803886 Category : History Languages : en Pages : 297
Book Description
Taiwan’s modern legal system--quite different from those of both traditional China and the People’s Republic--has evolved since the advent of Japanese rule in 1895. Japan has gradually adopted Western law during the 19th-century and when it occupied Taiwan--a frontier society composed of Han Chinese settlers--its codes were instituted for the purpose of rapidly assimilating the Taiwanese people into Japanese society. Tay-sheng Wang’s comprehensive study lays a solid foundation for future analyses of Taiwanese law. It documents how Western traditions influenced the formation of Taiwan’s modern legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law.
Author: Tay-sheng Wang Publisher: University of Washington Press ISBN: 0295803886 Category : History Languages : en Pages : 297
Book Description
Taiwan’s modern legal system--quite different from those of both traditional China and the People’s Republic--has evolved since the advent of Japanese rule in 1895. Japan has gradually adopted Western law during the 19th-century and when it occupied Taiwan--a frontier society composed of Han Chinese settlers--its codes were instituted for the purpose of rapidly assimilating the Taiwanese people into Japanese society. Tay-sheng Wang’s comprehensive study lays a solid foundation for future analyses of Taiwanese law. It documents how Western traditions influenced the formation of Taiwan’s modern legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law.
Author: Ramon H. Myers Publisher: Princeton University Press ISBN: 0691213879 Category : History Languages : en Pages : 556
Book Description
These essays, by thirteen specialists from Japan and the United States, provide a comprehensive view of the Japanese empire from its establishment in 1895 to its liquidation in 1945. They offer a variety of perspectives on subjects previously neglected by historians: the origin and evolution of the formal empire (which comprised Taiwan, Korea, Karafuto. the Kwantung Leased Territory, and the South Seas Mandated Islands), the institutions and policies by which it was governed, and the economic dynamics that impelled it. Seeking neither to justify the empire nor to condemn it, the contributors place it in the framework of Japanese history and in the context of colonialism as a global phenomenon. Contributors are Ching-chih Chen. Edward I-te Chen, Bruce Cumings, Peter Duus, Lewis H. Gann, Samuel Pao-San Ho, Marius B. Jansen, Mizoguchi Toshiyuki, Ramon H. Myers, Mark R. Peattie, Michael E. Robinson, E. Patricia Tsurumi. Yamada Saburō, Yamamoto Yūzoō.
Author: Ruiping Ye Publisher: Routledge ISBN: 1351185179 Category : History Languages : en Pages : 288
Book Description
The dispossession of indigenous peoples by conquest regimes remains a pressing issue. This book, unlike most other books on the subject, contrasts two different colonial administrations – first the Chinese Qing Empire, then, from 1895, the Japanese. It shows how, under the Chinese legal system, the Qing employed the Chinese legal system to manage the relationship between the increasing numbers of Han Chinese settlers and the indigenous peoples, and how, although the Qing regime refrained from taking actions to transform aboriginal land tenure, nevertheless Chinese settlers were able to manipulate aboriginal land tenure to their advantage. It goes on to examine the very different approach of the Japanese colonial administration, which following the Meiji Restoration of 1868 had begun to adopt a Western legal framework, demonstrating how this was intentionally much more intrusive, and how the Japanese modernized legal framework significantly disrupted aboriginal land tenure. Based on extensive original research, the book provides important insights into colonisation, different legal traditions and the impact of colonial settlement on indigenous peoples.
Author: Anna Dobrovolskaia Publisher: Routledge ISBN: 1317035976 Category : Law Languages : en Pages : 284
Book Description
This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban’in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban’in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.
Author: Binghui Liao Publisher: Columbia University Press ISBN: 9780231137980 Category : Taiwan Languages : en Pages : 446
Book Description
The first study of colonial Taiwan in English, this volume brings together seventeen essays by leading scholars to construct a comprehensive cultural history of Taiwan under Japanese rule. Contributors from the United States, Japan, and Taiwan explore a number of topics through a variety of theoretical, comparative, and postcolonial perspectives, painting a complex and nuanced portrait of a pivotal time in the formation of Taiwanese national identity. Essays are grouped into four categories: rethinking colonialism and modernity; colonial policy and cultural change; visual culture and literary expressions; and from colonial rule to postcolonial independence. Their unique analysis considers all elements of the Taiwanese colonial experience, concentrating on land surveys and the census; transcolonial coordination; the education and recruitment of the cultural elite; the evolution of print culture and national literature; the effects of subjugation, coercion, discrimination, and governmentality; and the root causes of the ethnic violence that dominated the postcolonial era. The contributors encourage readers to rethink issues concerning history and ethnicity, cultural hegemony and resistance, tradition and modernity, and the romancing of racial identity. Their examination not only provides a singular understanding of Taiwan's colonial past, but also offers insight into Taiwan's relationship with China, Japan, and the United States today. Focusing on a crucial period in which the culture and language of Taiwan, China, and Japan became inextricably linked, Taiwan Under Japanese Colonial Rule effectively broadens the critique of colonialism and modernity in East Asia.
Author: Neil Chisholm Publisher: Routledge ISBN: 1135008280 Category : Social Science Languages : en Pages : 453
Book Description
This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
Author: Marie Seong-Hak Kim Publisher: Cambridge University Press ISBN: 110700697X Category : History Languages : en Pages : 365
Book Description
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Author: Marie Seong-Hak Kim Publisher: Cambridge University Press ISBN: 1139536346 Category : History Languages : en Pages :
Book Description
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.
Author: Gerald Paul McAlinn Publisher: Routledge ISBN: 1136517111 Category : Law Languages : en Pages : 360
Book Description
This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.
Author: Tay-sheng Wang
Author: Tay-sheng Wang
Author: Taisheng Wang
Author: Ramon H. Myers
Author: Ruiping Ye
Author: Anna Dobrovolskaia
Author: Binghui Liao
Author: Neil Chisholm
Author: Marie Seong-Hak Kim
Author: Marie Seong-Hak Kim
Author: Gerald Paul McAlinn