Codification In East Asia

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

This is the second and final volume of the annotated translation of a seminal Chinese legal text. The T'ang Code, written in 653 A.D., is the most important legal text in East Asian history. Not only is it China's earliest law code to survive in its entirety, influencing all subsequent Chinese law, but it has also served as a model for codes of law in other East Asian countries, including Japan, Korea, and Vietnam. This is the only translation of the T'ang code into a Western language. The first volume of the Code, published in translation in 1979, specifies the basic principles of T'ang law and explains the structural standards for applying these principles. Volume II describes acts that are punishable by law and enumerates their punishments. For contemporary readers, the T'ang Code is more than simply a legal document. Studying the 445 "specific articles" sheds considerable light on Chinese culture. The portrait that emerges has surprising resonances in present-day Chinese society--its emphasis on the preservation of the family and the interrelatedness of authority and responsibility, for example. As Western relations with the countries of East Asia continue to expand today, it is increasingly important that we understand the complexities of a legal system that has evolved over more than fifteen centuries. The availability of the complete T'ang Code in English is a significant contribution to this understanding. Originally published in 1997. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.

Imperial China’s dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618–907 C.E.) and Qing (1644–1911 C.E.) codes have been available in English translation. The present book is the first English translation of The Great Ming Code (Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and contents. A glossary of Chinese terms is also provided. One of the most important law codes in Chinese history, The Great Ming Code represents a break with the past, following the alien-ruled Yuan (Mongol) dynasty, and the flourishing of culture under the Ming, the last great Han-ruled dynasty. It was also a model for the Qing code, which followed it, and is a fundamental source for understanding Chinese society and culture. The Code regulated all the perceived major aspects of social affairs, aiming at the harmony of political, economic, military, familial, ritual, international, and legal relations in the empire and cosmic relations in the universe. The all-encompassing nature of the Code makes it an encyclopedic document, providing rich materials on Ming history. Because of the pervasiveness of legal proceedings in the culture generally, the Code has relevance far beyond the specialized realm of Chinese legal studies. The basic value system and social norms that the Code imposed became so thoroughly ingrained in Chinese society that the Manchus, who conquered China and established the Qing dynasty, chose to continue the Code in force with only minor changes. The Code made a considerable impact on the legal cultures of other East Asian countries: Yi dynasty Korea, Le dynasty Vietnam, and late Tokugawa and early Meiji Japan. Examining why and how some rules in the Code were adopted and others rejected in these countries will certainly enhance our understanding of the shared culture and indigenous identities in East Asia.

The on-going reconfiguration of geo-political and economic forces across the globe has created a new institutional and moral environment for East Asian family life and gender dynamics. Indeed, modernisation in East Asia has brought about increases in women’s education levels and participation in the labour force, a delay in marriage age, lower birth rates, and smaller family size. And yet, despite the process of modernization, traditional systems such as Confucianism and patriarchal rules, continue to shape gender politics and family relationships in East Asia. This book examines gender politics and family culture in East Asia in light of both the overwhelming changes that modernization and globalization have brought to the region, and the structural restrictions that women in East Asian societies continue to face in their daily lives. Across three sections, the contributors to this volume focus on marriage and motherhood, religion and family, and migration. In doing so, they reveal how actions and decisions implemented by the state trigger changes in gender and family at the local level, the impact of increasing internal and transnational migration on East Asian culture, and how religion interweaves with the state in shaping gender dynamics and daily life within the family. With case studies from across the region, including South Korea, Japan, mainland China, Taiwan, and Hong Kong, this book will be of great interest to students and scholars of Asian studies, gender studies, anthropology, sociology and social policy.