2015 Fiscal Year Final Research Report
Paradoxes of the National Family Law in East Asia: The Reconstruction of Legal Order in Colonial Taiwan
| Project/Area Number |
15H06680
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Waseda University |
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Principal Investigator |
CHEN YUN-RU 早稲田大学, 高等研究所, 助教 (10756365)
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| Project Period (FY) |
2015-08-28 – 2016-03-31
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| Keywords | law / history / China / family / east asia / nationalism |
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| 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.
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| Free Research Field |
legal history
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