Post-Print筆數 : 27 |
Items with full text/Total items : 94586/125118 (76%)
Visitors : 30539937
Online Users : 111
Please use this identifier to cite or link to this item:
|Other Titles: ||Jurisprudence with Colonial Modernity: The Development of Modern Knowledge of Law in Taiwan under Japanese Colonial Rule (1895~1945)|
Jurisprudence;Old customs;The extension of Mainland;Taihoku Imperial University;Taiwanese;Fascist
|Issue Date: ||2014-10-06 17:19:24 (UTC+8)|
Taiwan could not develop modern knowledge of law until she was ruled by Japanese colonialists, who had received training in modern law and jurisprudence from the West before their acquiring Taiwan. During the former period of Japanese rule, “old customs jurisprudence,” with local characteristics, was shaped for the sake of the judicial, executive, and even legislative needs in colonial Taiwan, and therefore declined after the policy of the colonial governance turned to “the extension of mainland.” Next, “jurisprudence for the extension of mainland” became prevalent. Jurisprudence in Taiwan was thus nothing but a branch of prewar Japanese jurisprudence. The first institute for modern legal education in Taiwan was established in 1928 and named as: Legal Division, College of Liberal Arts and Political Science, Taihoku Imperial University. This division, however, paid more attention to Japanese laws and modern jurisprudence than to legal issues in Taiwan. Only a limited knowledge concerning colonial Taiwan or Taiwanese was created by this institution. Nevertheless, some dissident Taiwanese advocated “Taiwanese jurisprudence” in order to protect the identity and interests of the Taiwanese. They unfortunately were excluded from the academic circle of colonial Taiwan. Few Taiwanese jurists had a voice on family and succession law, which was allowed to follow Taiwanese customs in the positive law. In the late period of Japanese rule, the fascist approach gradually dominated the legal community of Taiwan, who were forced to follow the step of wartime Japan.
|Relation: ||法學評論 , 130 , 199-255|
|Data Type: ||article|
|Appears in Collections:||[科技管理與智慧財產研究所] 期刊論文|
Files in This Item:
All items in 政大典藏 are protected by copyright, with all rights reserved.