Twelfth Book in NTU & HYI Academic Book Series published

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建構台灣法學:歐美日中知識的彙整 (Constructing Legal Science in Taiwan: The Integration of Knowledge in Europe, the United States, Japan and China), by Tay-sheng Wang 王泰升

Cover of bookThe Harvard-Yenching Institute is pleased to announce that the twelfth book in the NTU & HYI Academic Book Series has been published. The monograph, entitled 建構台灣法學:歐美日中知識的彙整 (Constructing Legal Science in Taiwan: The Integration of Knowledge in Europe, the United States, Japan and China), is by Tay-sheng Wang 王泰升. The book was published in July 2022. Additional information about the publication is available here.

About the book: Inspired by the disciplines in history, law, and sociology, this book links jurists, legal discourses, and political and social contexts to describe how the knowledge of legal science in Europe, the United States, Japan, and China has been compiled to shape the legal science in Taiwan which have experienced colonial, authoritarian, and democratic regimes from the late 19th century to current 21th century. The author thus proposes further reforms to transcend the historical fetters. In addition, from an East Asian perspective, this book depicts the line of legal knowledge transmission from Meiji Japan to Republican China, and then to post-war Taiwan, as shown in the treatises for introducing legal science. In order to create an treatise on the introduction of legal science for the new generation of Taiwanese lawyers, it is advisable to replace the old with the new when using the German-style theory of legal interpretations, and to incorporate the methodology of the application of law in the Anglo-American law, and more importantly to face, rather than ignore, the legal practices in current Taiwan for the purpose of reconstructing a Taiwanese version of the introduction of legal science.

本書連結法學者、法學論述、政治與社會環境,本於歷史學、法律學、社會學的關懷,敘述台灣如何在跨越3個世紀的百餘年中,處於殖民、威權、民主等政體下,彙整來自歐、美、日、中的現代法學知識,建構出當下的法學內涵,並提出應超越歷史束縛的主張。並從東亞視角,顯現「明治日本→民國中國→戰後台灣」的法學知識傳遞路線,及知識的流變。宜揚棄過時的成文法與不成文法概念,以德式法釋義學汰舊換新,且納入英美法系之法適用方法,尤應「看見」台灣的法事實,以重構台灣版的法學緒論。

About the NTU & HYI Academic Series: The book series, published by National Taiwan University Press, is a collaboration between the Harvard-Yenching Institute and the College of Liberal Arts of National Taiwan University. The Series publishes scholarly monographs in Chinese which make a major original contribution to the humanities and social sciences. Interdisciplinary studies are especially welcome. Submissions are encouraged from all Chinese-speaking regions and beyond. For more information about the NTU-HYI series, please visit the NTU Press website.

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