Judicial Lawmaking and the Influence of Comparative Law
Edited by John O. Haley and Toshiko Takenaka
Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries. Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.
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- Legal Innovations in Asia
- Chapter 1.1: The first decades, 1961–2000
- Chapter 1.2: Navigating law’s “Asian Century”
- Chapter 1.3: The Asian Law Center: An evolution
- Chapter 2.1: Comparison of law, transfer of legal concepts, and creation of a legal design: The case of Japan
- Chapter 3.1: Judicial lawmaking and the creation of legal norms in Japan: A dialogue
- Chapter 3.2: The Supreme Court of Japan and online pharmacies
- Chapter 3.3: Civil procedure and anti-modern myths in the “Harmonious Society”: China and pre-war Japan compared
- Chapter 3.4: Judicial activism in China
- Chapter 3.5: The role of courts in “making” Islamic law: South and Southeast Asia
- Chapter 3.6: Limitations on the termination of fixed-term employment contracts: Judicially created rules and their codification in Japanese law
- Chapter 3.7: Goddess of justice without a blindfold: How do Japanese judges treat pro se litigants?
- Chapter 4.1: The inf luence of Japanese law on Taiwan law
- Chapter 4.2: Corporate law and corporate law scholarship in Korea: A comparative essay
- Chapter 4.3: Judicial innovation in Chinese corporate law
- Chapter 4.4: The influence of US and Japanese laws upon Indonesian law
- Chapter 5.1: A change of leadership in patent policy and law development? The active role played by Japanese courts in Japan’s patent term extension reform
- Chapter 5.2: Ethics rather than rights: Reconsidering “transmit rather than create” – Toward a new understanding of Korea’s intellectual property rights tradition
- Chapter 5.3: What are the challenges awaiting the Thai government if the Bayh-Dole Act is adopted in Thailand?
- Chapter 5.4: Public health and pharmaceutical patent protection in Indonesia: The implementation of the TRIPS safeguards and other strategies to increase access to essential medicines
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