Between law and culture: some remarks on the reception of Western legal solutions on Japanese socio-cultural ground Cover Image

Między prawem a kulturą – kilka uwag na temat recepcji zachodnich rozwiązań prawnych na japoński grunt społeczno-kulturowy
Between law and culture: some remarks on the reception of Western legal solutions on Japanese socio-cultural ground

Author(s): Urszula Wach-Górny, Witold Górny
Subject(s): History, Social Sciences, Law, Constitution, Jurisprudence, History of Law, Recent History (1900 till today)
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Japan; Western legal solutions

Summary/Abstract: The Japanese legal system is probably the best existing example in the world showing the phenomenon of reception of foreign legal solutions on a local socio-cultural ground. Borrowing from the European legal culture in the period of Meiji reforms (1868–1912) with regard to penal and private law, complemented by borrowing of Euro-American system solutions on the basis of Show constitution of 1946, was a drastic clash of two completely different legal cultures – the native Japanese and the immigrant Euro-American. Evolution of so established law during subsequent decades is clear evidence that applying the same legal regulations to other societies may bring surprisingly different results. Based on the Japanese example, this phenomenon, very interesting from the perspective of sociology of law, was confi rmed both, on the ground of particular legal institutions, as well as in the law application practice (the issue of the system of law professions in Japan).

  • Issue Year: 2015
  • Issue No: 07
  • Page Range: 106-120
  • Page Count: 15
  • Language: Polish