By Tay-sheng Wang
Taiwan's sleek felony system―quite various from these of either conventional China and the People's Republic―has advanced because the introduction of eastern rule in 1895. Japan has steadily followed Western legislation throughout the 19th-century and while it occupied Taiwan―a frontier society composed of Han chinese language settlers―its codes have been instituted for the aim of swiftly assimilating the Taiwanese humans into jap society.
Tay-sheng Wang's finished examine lays a fantastic origin for destiny analyses of Taiwanese legislation. It files how Western traditions motivated the formation of Taiwan's sleek felony constitution in the course of the conduit of eastern colonial rule and demonstrates the level to which criminal suggestions diverged from the chinese language criminal culture and moved towards Western legislations.
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Additional resources for Legal Reform in Taiwan under Japanese Colonial Rule, 1895-1945: The Reception of Western Law
To “enrich the country, strengthen the army” ( fukoku-kyohei), they decided to modernize their state by adopting Western capitalism. 101 Further, the deprivation of customs autonomy and the extraterritoriality provided in the unequal treaties between Japan and Western powers had an extremely grave influence on the Japanese political and economic system. The best resolution of this problem was of course the revision of the treaties. 102 In sum, Meiji Japan’s Westernization of law was pursued for the sake of promoting capitalism and abolishing extraterritoriality.
The establishment of Japan’s modern legal system was a response to internal and external needs of the state rather than to social necessity. The Meiji government did not have time for Western-style codes to arise spontaneously in response to the needs resulting from the gradual transformation of the social structure from a feudal to a capitalist society. 135 Thus the Meiji government used indigenous tradition to enforce Western-style codes in Japanese society. 136 What people obeyed was more the authority of o‹cials than the legitimacy of the new Westernized law.
New private law schools also began to train many practicing lawyers. A system allowing students to study abroad was promoted. 105 Another requirement for reception was Western-style judicial institutions. 106 In Japan, the authority of the Meiji government gradually was stablized and strengthened 28 background of legal reform after some initial unrest. The desire to abolish extraterritoriality also motivated the government to invest in establishing judicial organs. 107 It took time for the Japanese to adopt the Western idea of judicial independence.
Legal Reform in Taiwan under Japanese Colonial Rule, 1895-1945: The Reception of Western Law by Tay-sheng Wang