{"title":"当代亚洲的法律移植:前言","authors":"S. Miyazawa","doi":"10.1017/als.2021.41","DOIUrl":null,"url":null,"abstract":"The term “ legal transplant ” refers to the movement of a rule or a system of law from one jurisdiction to another. The term has been widely used in studies of legal development and change since it was introduced by Allan Watson, a Scottish scholar in Roman law and comparative law, in 1974. 1 The jurisdiction in which the transplanted legal rule or legal system originated is usually called a “ donor, ” while the jurisdiction in which the given legal rule or legal system is transplanted is usually called a “ recipient. ” 2 When legal transplant in an Asian jurisdiction was analyzed, the donor was usually a non-Asian jurisdiction or organization. 3 However, Japan has been engaging in several legal assistance activities in Asian jurisdictions since the mid-1900s, 4 while there is an evalua-tion about China under Jinping that “ Western donors now face competition only development but in legal assistance, 5 I the following","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"348 - 350"},"PeriodicalIF":0.6000,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Legal transplants in contemporary Asia: Foreword\",\"authors\":\"S. Miyazawa\",\"doi\":\"10.1017/als.2021.41\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The term “ legal transplant ” refers to the movement of a rule or a system of law from one jurisdiction to another. The term has been widely used in studies of legal development and change since it was introduced by Allan Watson, a Scottish scholar in Roman law and comparative law, in 1974. 1 The jurisdiction in which the transplanted legal rule or legal system originated is usually called a “ donor, ” while the jurisdiction in which the given legal rule or legal system is transplanted is usually called a “ recipient. ” 2 When legal transplant in an Asian jurisdiction was analyzed, the donor was usually a non-Asian jurisdiction or organization. 3 However, Japan has been engaging in several legal assistance activities in Asian jurisdictions since the mid-1900s, 4 while there is an evalua-tion about China under Jinping that “ Western donors now face competition only development but in legal assistance, 5 I the following\",\"PeriodicalId\":54015,\"journal\":{\"name\":\"Asian Journal of Law and Society\",\"volume\":\"8 1\",\"pages\":\"348 - 350\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2021-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Law and Society\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/als.2021.41\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/als.2021.41","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
The term “ legal transplant ” refers to the movement of a rule or a system of law from one jurisdiction to another. The term has been widely used in studies of legal development and change since it was introduced by Allan Watson, a Scottish scholar in Roman law and comparative law, in 1974. 1 The jurisdiction in which the transplanted legal rule or legal system originated is usually called a “ donor, ” while the jurisdiction in which the given legal rule or legal system is transplanted is usually called a “ recipient. ” 2 When legal transplant in an Asian jurisdiction was analyzed, the donor was usually a non-Asian jurisdiction or organization. 3 However, Japan has been engaging in several legal assistance activities in Asian jurisdictions since the mid-1900s, 4 while there is an evalua-tion about China under Jinping that “ Western donors now face competition only development but in legal assistance, 5 I the following
期刊介绍:
The Asian Journal of Law and Society (AJLS) adds an increasingly important Asian perspective to global law and society scholarship. This independent, peer-reviewed publication encourages empirical and multi-disciplinary research and welcomes articles on law and its relationship with society in Asia, articles bringing an Asian perspective to socio-legal issues of global concern, and articles using Asia as a starting point for a comparative exploration of law and society topics. Its coverage of Asia is broad and stretches from East Asia, South Asia and South East Asia to Central Asia. A unique combination of a base in Asia and an international editorial team creates a forum for Asian and Western scholars to exchange ideas of interest to Asian scholars and professionals, those working in or on Asia, as well as all working on law and society issues globally.