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The Legal Systems of Far East I

Publication at Faculty of Law |
2016

Abstract

Contemporary law of China, Japan, Korean Republic or Vietnam consists of legal norms transplanted form western legal systems. Nevertheless interpretation of law in Far Eastern countries is gradually returning to traditional methods anchored in Confucian or Buddhist principles.

In particular China insists that its success in economic performance reflects its commitment to traditional values. The difference between "the law in books" and "law in action" becomes a big challenge for western scholars.

First volume of the monograph is a historical comparison of Far Eastern legal systems based on Chinese legal culture. Only Japan diverted from the Chinese model and began to develop its own legal system as from 10th century.

The first volume of the monograph ends with opening the door to western legal systems in Japan (1868), Vietnam (1884), Korea (1910) and China (1912).