JOURNAL ARTICLE

Expansion and Restriction: Divergent Paths Towards Modernizing Family Laws in Japan and China, 1868–1930.

  • Published In: American Journal of Comparative Law, 2024, v. 72, n. 2. P. 428 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Xiao, Weilin 3 of 3

Abstract

The article examines the divergent approaches Japan and China took in modernizing their customary family laws between 1868 and 1930, despite both aiming to transplant Western legal systems. It argues that Japan's Meiji regime expanded traditional family laws—historically linked to political authority and the ruling class—to the entire society as a means to consolidate its already established centralized power. In contrast, China's Guomindang (GMD) government, facing competing political forces and lacking a politically connected family system, restricted customary family laws to weaken traditional family structures and project a progressive image to garner popular support. These differing strategies reflect the distinct historical functions of family systems and the contrasting political contexts each country encountered during legal modernization.

Additional Information

  • Source:American Journal of Comparative Law. 2024/06, Vol. 72, Issue 2, p428
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2024
  • ISSN:0002-919X
  • DOI:10.1093/ajcl/avae019
  • Accession Number:183115746
  • Copyright Statement:Copyright of American Journal of Comparative Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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