The Family Law of Taiwanese under Japanese Colonial Rule: The Shaping of New “Old Customs”
Date Issued
2008
Date
2008
Author(s)
Tseng, Wen-Liang
Abstract
The thesis explores the family law of Taiwanese under Japanese colonial rule(1895-1945). According to the state law, The family law of Taiwanese should follow the existing customs, i.e., old customs. Yet the meaning of the word “custom” here must be understood in the context of Japanese law system---a westernized, modern law system, thus has a totally different meaning from its original meaning. Under the framework of “old customs”, Japanese colonial government reforms the family law of Taiwanese. The thesis discusses the process from some perspectives: the Household register system, land survey and the introduction of ownership, survey of existing customs. All these projects help to shape the new old customs of Taiwanese’s family life, and the Newness of the “old customs” could be summarized as colonial modernization and japanization. The thesis also discusses the role of Taiwanese during the shaping process. Owing to their weakness both in politics and their knowledge of modern legal system, Taiwanese seldom have a chance to express their opinion. Though some Taiwanese advanced their own opinions about the family law of Taiwanese in 1920s, and tried hard to permeate their idea into Taiwanese society, still, they had little influence on the state law. Yet this doesn’t mean that the influence of legal reform of the family law of Taiwanese by the colonial government is extensive. Under the principle of “no trial without complaint”, only those who have disputes and claim lawsuit will be regulated by the new customs. For most Taiwanese, they still handle family affairs with customs they learned from ancestors.
Subjects
Taiwan
Legal history
Family law
Household register
Existing customs
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-97-D90a21004-1.pdf
Size
23.32 KB
Format
Adobe PDF
Checksum
(MD5):347ba3858dbde36bb08c9fcacb12361c