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Paradoxes of the National Family Law in East Asia: The Reconstruction of Legal Order in Colonial Taiwan

Research Project

Project/Area Number 15H06680
Research Category

Grant-in-Aid for Research Activity Start-up

Allocation TypeSingle-year Grants
Research Field Fundamental law
Research InstitutionWaseda University

Principal Investigator

CHEN YUN-RU  早稲田大学, 高等研究所, 助教 (10756365)

Project Period (FY) 2015-08-28 – 2016-03-31
Project Status Completed (Fiscal Year 2015)
Budget Amount *help
¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2015: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Keywordslaw / history / China / family / east asia / nationalism / East Asia / Taiwan / colonialism
Outline of Final Research Achievements

This research challenges the seemingly invariable relationship between nations and family laws by presenting a complex narrative description of the modernization of family law in East Asia, including the experience in late 19th- and early 20th- century Japan and colonial Taiwan (1895-1945). Through careful analysis of archives, the way in which how different actors, including government, jurists, and ordinary people constructed and participated into family law reform is elucidated.

This project tries to overcome the tension between national identity and liberal family law in contemporary legal reforms by providing an alterative narrative on how modernization of family laws have been debated, fulfilled and understood in East Asian societies. Ultimately, this project argues that family law does not necessary plays a reactionary role in developing nationalism and encourages nationalists to formulate and advocate for family laws which could be unique and liberal.

Report

(2 results)
  • 2015 Annual Research Report   Final Research Report ( PDF )
  • Research Products

    (2 results)

All 2016 2015

All Presentation (2 results) (of which Int'l Joint Research: 2 results,  Invited: 1 results)

  • [Presentation] The Making of Market/Family Legal Distinction in Three Codification Debates: The Germany-Japan-Taiwan Trilogy2016

    • Author(s)
      Yun-Ru CHEN
    • Organizer
      Law and Society Association 2016 Annul Meeting
    • Place of Presentation
      Law and Society Association 2016 Annul Meeting, New Orlean, USA
    • Year and Date
      2016-06-02
    • Related Report
      2015 Annual Research Report
    • Int'l Joint Research
  • [Presentation] Is Cosmopolitan Nationalist a Oxymoron?: The Anti-Colonial Legal Discourse in Japan-Colonized Taiwan2015

    • Author(s)
      Yun-Ru CHEN
    • Organizer
      Conference on “Narrative and Justice”
    • Place of Presentation
      Department of Law, National Cheng-Chi University, Taipei/Taiwan
    • Year and Date
      2015-09-05
    • Related Report
      2015 Annual Research Report
    • Int'l Joint Research / Invited

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Published: 2015-08-26   Modified: 2017-05-10  

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