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FAR EAST LAW
Transcript of FAR EAST LAW
-Far East Law ( Asian legal system) is undergoing rapid change and modernization
-Predominantly, Asian countries perceive their legal systems from European law (civil law)
Law in India
-Indian Law shows a substantial European and American influence
-Certain principles of the Anglo Saxon system ( the remains of the British colonial presence) and the Islamic law, to which the followers of Islam feel attached, are also present in the legal culture of India
- Additionally, during the drafting of Indian Constitution, it laws originated from Ireland, United States, Britain and France were synthesized into the Indian Law.
-India law also adheres the UN guidelines on Human Rights, and Environmental law.
- At present, the sources of law are primarily the regulations issued by parliament, the courts and local authorities
Law in Japan
-Japan, abundantly refers it entirety of law according to legally achieved norms of the past, and to this day, it is civil law.
-Early law of Japan is heavily influenced by Chinese law (Ritsuryo)
- Japanese law differs from law in the western culture
-The feeling of belonging to a group, is fundamentally more important ( group sanctions are more distressing than legal sanctions)
HISTORY OF FAR EAST LAW
- Ancient India and China had already historical schools of legal systems ( Law of Manu or Arthasastra, and Chinese traditional law)
- Germany being a rising power of the 19th century, it's civil law became more exportable and influential in Asia.
Example: People's Republic of China using German-based civil law, as well we the Soviet-influenced civil law( communist country), India shares the English-based common law
Law In Thailand
-Law in Thailand is mainly based on civil law, but is also influenced by common law
-During the Rattanakosin Kigndom, collectively called Siam, law systems have never been largely certified until April 1, 1908
-It's history of Law, had orginiated from the Law of Manu (Indian traditional law)
and Family Law from the French civil law.during the 16th century.
Law in China
-One of the oldest legal system in the world
-China has been a law of mixed traditional chinese approaches with western influences
-It's legal system has been based on Confucian philosophy of social control, moral education, criminal law and sanctions
-Chinese law accumulating law systems from Germany and Soviet Union