Family Law As A Repository Of Volksgeist: The Germany-Japan Genealogy

Yun-Ru Chen

Abstract


This article is based on the introductory chapter of my dissertation, titled The Emergence of Family Law in Colonial Taiwan: A Genealogical Perspective. The dissertation itself is a theoretical and empirical analysis of the way in which Family Law was (re-) constructed as a distinctive and separate legal sphere in colonial Taiwan (1895-1945), a former province of a declining Chinese Qing dynasty and the first colony of an expanding Japanese empire.
The idea that the distinctiveness of family law is neither natural nor inherent but is rather a social construction has been an important theme. Recently, Janet Halley and Kerry Rittch propose a theory named “family law exceptionalism” (FLE). The FLE tries to demonstrate the infinite ways in which family and family law are deemed special and exceptional, as opposed to market and market law, which are deemed general and common. Market law and family Law are polarized and, at the same time, mutually constitutive...

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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
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