| 英文摘要 |
This article challenges the common misconception that in Japan-colonizedTaiwan, family law was considered marginal and secondary in the arena of legalreforms. Instead, through multi-faceted analysis of family laws, customs, andpolitics, the article argues that family law intertwined with politics in variousways. Examples are found in internal discussions among Japanese scholars,political advisors, officials, and jurists, on wide ranging topics from colonialpolicies and legal structures to, more specifically, whether Taiwanese familycustoms or Japanese family law should apply to Taiwanese. Moreover, family lawserved as an essential tool not only for cultural assimilation, but also on legalaspects such as the very definition of who were Japanese/Taiwanese. Theimportance of family law is also reflected in the fact that on one hand, family lawwas viewed as the last bastion for special colonial legislation, and on the otherdeemed a crucial step for racial integration by assimilationists. Moreover, the intertwining of family law and politics were not localized to substantial matter,but also rhetoric. The ambiguity of the Japanese colonialism being a“nation-empire” or “oriental colonialism” made it possible for Japanese toretain a fluidity in its rhetoric based on both similarity and difference at the sametime. There were interconnections between rhetoric modes on “factual question”(such as “close vs. far” and “similar vs. different”) and normative decision (suchas “assimilation vs. special rule” and “Japanese family law vs. Taiwanesecustoms”). Overall, the reason why Japanese colonial rule left Taiwanese familymatters in the customary law regime for the entire colonial time was not that itwas mere an afterthought. On the contrary, family law was too relevant tochange. |
