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Boletín mexicano de derecho comparado
versão On-line ISSN 2448-4873versão impressa ISSN 0041-8633
Resumo
VILLASENOR RODRIGUEZ, Fernando. The Importance of the Western Model of Law in the Creation of the Japanese State. Bol. Mex. Der. Comp. [online]. 2010, vol.43, n.127, pp.297-321. ISSN 2448-4873.
The text refers to the use given to western law as a model for the construction of the japanese State in the XIX century besides as a way of legittmattng such creation. Firstly, the forced aperture of Japan to the international context with the imposition of Unfair Treaties is addressed, together with the intent of copying the occidental law model in order to stand against the threat of the Western countries. Secondly, two juridical products derived from such intent are analyzed: the Japanese Empire Constitution, whose result was the lee gittmacy of the impetial power, and the japanese codification which sought the promotion of commerce both locally and internationally. Lastly, some general considerations regarding Japan's first rapprochement to the western law models are made, apart from a couple of considerations which will merit future thoughts.
Palavras-chave : japanese law; japanese Constitution; japanese codification; reception of law; western law model.