Transplants of European Normativity in India and in Japan: a Historical Comparison

Jean-Louis Halpérin

Rechtsgeschichte - Legal History · 2014 · 10 citations · 3 references

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Abstract

What can we learn from a comparison between legal transplants in modern India and Japan? Are they so strong differences between a colonized territory and an always independent country? The p rocess o f reception of Western law appears to be very similar in India and in Japan, as a global importation of legal institutions and schemes. The limits for the reception of Western models have their origins in sociological and political factors rather than in cultural ones. The question of legal education is crucial until today and also involves the American model. One has to study, as an important element of differentiation, the evolution of legal writing in the two countries.

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