TY - JOUR
TI - Between law and culture: some remarks on the reception of Western legal solutions on Japanese socio-cultural ground
AU - Wach-Górny, Urszula
AU - Górny, Witold
TI - Between law and culture: some remarks on the reception of Western legal solutions on Japanese socio-cultural ground
AB - 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).
VL - 2015
IS - Issue 7
PY - 2015
SN - 2084-2902
C1 - 2353-8724
SP - 106
EP - 120
DO - 10.4467/23538724GS.15.008.3606
UR - https://ejournals.eu/en/journal/gsaw/article/miedzy-prawem-a-kultura-kilka-uwag-na-temat-recepcji-zachodnich-rozwiazan-prawnych-na-japonski-grunt-spoleczno-kulturowy