On the Taiwanese Identity as Shaped by the Development of Its Legal System
Date Issued
2009
Date
2009
Author(s)
Shope, Mark
Abstract
This thesis will aim to generate a personality of Taiwan through a narrative of its unique legal history. The author will begin by identifying the community of Taiwan by discussing a historical image of the island both from an outsider’s and an insider’s perspective using a modern analysis of legal identity to try to shed light on its early nature and structure. This analysis, in turn, can help us catch a glimpse of the early identity of the community and the people associated with the community, ultimately creating the mental image, leading to a concrete definition, of the boundaries of legal persons and ruling identity. I will continue by discussing the legal system of the colonizers of the island. Arguments will point out that regardless of the regime that is on the island, local customs, both legal and cultural, significantly impact the regime and the strength of these customs ultimately define major aspects of the legal regime. I also claim that notwithstanding divergent ideas of the ruling class on the island, the legal regime that was customary to the island will clearly define major aspects of the Taiwanese identity. This thesis will not argue issues of sovereignty or other political issues, but will simply focus on the legal experiences of the people of the island.
Subjects
Taiwan
community
law
identity
Type
thesis
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