Cahiers Jean Moulin (Dec 2021)

Le droit et la justice en contexte colonial à Taiwan et en Corée durant la colonisation japonaise (1895-1945)

  • Arnaud Nanta

DOI
https://doi.org/10.4000/cjm.1339
Journal volume & issue
Vol. 7

Abstract

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This paper will provide a historical and institutional overview of the various aspects of the Japanese law in the colonies of Taiwan and Korea between the late 19th century and the dismantling of the colonial empire in 1945 after the military defeat of Japan. The question of Japanese “colonial law” has four facets: the relationship of the colonial power to the previous law, particularly through the investigation of the so-called “custom”, the structures that did formulate the colonial law and its characteristics, the judicial structures and schools where colonial magistrates were trained, and finally, imperial universities teachings of law in Taiwan and Korea under colonial domination. We will attempt to summarize the moments and agents of these legal constructions and judicial structures, as well as to present some elements of the theoretical discourse that overhung these practices.

Keywords