Legal Reform In Taiwan Under Japanese Colonial Rule 1895 1945
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| Author | : Tay-sheng Wang |
| Publisher | : University of Washington Press |
| Total Pages | : 297 |
| Release | : 2014-12-01 |
| Genre | : History |
| ISBN | : 0295803886 |
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 | : Taisheng Wang |
| Publisher | : |
| Total Pages | : 472 |
| Release | : 1992 |
| Genre | : Justice, Administration of |
| ISBN | : |
| Author | : Anna Dobrovolskaia |
| Publisher | : Taylor & Francis |
| Total Pages | : 296 |
| Release | : 2016-08-19 |
| Genre | : Law |
| ISBN | : 1317035984 |
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 |
| Total Pages | : 446 |
| Release | : 2006 |
| Genre | : Taiwan |
| ISBN | : 9780231137980 |
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 |
| Total Pages | : 453 |
| Release | : 2019-11-04 |
| Genre | : Social Science |
| ISBN | : 1135008280 |
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 | : Robert Cribb |
| Publisher | : Routledge |
| Total Pages | : 392 |
| Release | : 2020-08-26 |
| Genre | : Political Science |
| ISBN | : 1000144011 |
Between 1895 and 1945, Japan was heavily engaged in other parts of Asia, first in neighbouring Korea and northeast Asia, later in southern China and Southeast Asia. During this period Japanese ideas on the nature of national identities in Asia changed dramatically. At first Japan discounted the significance of nationalism, but in time Japanese authorities came to see Asian nationalisms as potential allies, especially if they could be shaped to follow Japanese patterns. At the same time, the ways in which other Asians thought of Japan also changed. Initially many Asians saw Japan as a useful but distant model, but with the rise of Japanese political power, this distant admiration turned into both cooperation and resistance. This volume includes chapters on India, Tibet, Siberia, Mongolia, Korea, Manchukuo, China, Taiwan, Vietnam, Thailand, the Philippines and Indonesia.
| Author | : Marie Seong-Hak Kim |
| Publisher | : Cambridge University Press |
| Total Pages | : 365 |
| Release | : 2012-08-27 |
| Genre | : History |
| ISBN | : 110700697X |
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
| Author | : Gerald Paul McAlinn |
| Publisher | : Routledge |
| Total Pages | : 360 |
| Release | : 2012-03-15 |
| Genre | : Law |
| ISBN | : 1136517111 |
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 | : Ruiping Ye |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2018-09-03 |
| Genre | : History |
| ISBN | : 1351185179 |
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 | : Susan L. Burns |
| Publisher | : University of Hawaii Press |
| Total Pages | : 314 |
| Release | : 2013-12-31 |
| Genre | : History |
| ISBN | : 0824839196 |
Beginning in the nineteenth century, law as practice, discourse, and ideology became a powerful means of reordering gender relations in modern nation-states and their colonies around the world. This volume puts developments in Japan and its empire in dialogue with this global phenomenon. Arguing against the popular stereotype of Japan as a non-litigious society, an international group of contributors from Japan, Taiwan, Germany, and the U.S., explores how in Japan and its colonies, as elsewhere in the modern world, law became a fundamental means of creating and regulating gendered subjects and social norms in the period from the 1870s to the 1950s. Rather than viewing legal discourse and the courts merely as technologies of state control, the authors suggest that they were subject to negotiation, interpretation, and contestation at every level of their formulation and deployment. With this as a shared starting point, they explore key issues such reproductive and human rights, sexuality, prostitution, gender and criminality, and the formation of the modern conceptions of family and conjugality, and use these issues to complicate our understanding of the impact of civil, criminal, and administrative laws upon the lives of both Japanese citizens and colonial subjects. The result is a powerful rethinking of not only gender and law, but also the relationships between the state and civil society, the metropole and the colonies, and Japan and the West. Collectively, the essays offer a new framework for the history of gender in modern Japan and revise our understanding of both law and gender in an era shaped by modernization, nation and empire-building, war, occupation, and decolonization. With its broad chronological time span and compelling and yet accessible writing, Gender and Law in the Japanese Imperium will be a powerful addition to any course on modern Japanese history and of interest to readers concerned with gender, society, and law in other parts of the world. Contributors: Barbara J. Brooks, Daniel Botsman, Susan L. Burns, Chen Chao-Ju, Darryl Flaherty, Harald Fuess, Sally A. Hastings, Douglas Howland, Matsutani Motokazu.
