A glance at the dynamics of 'confluence' in a legal system – notes on H Patrick Glenn's insights concerning Legal Traditions of the World. (2nd January 2016)

• Record Type: Journal Article
• Authors: Hasegawa, Ko
• Is Part Of: Transnational legal theory. Volume 7:Number 1(2016)
• Page Start: 1
• Page End: 8
• Publication Date: 2016-01-02
• Subjects: Glenn -- confluence -- legal traditions -- normative translation -- hybrid law -- East Asian law; International law -- Periodicals; Comparative law -- Periodicals; Conflict of laws -- Periodicals; Jurisprudence -- Periodicals; 341
• DOI: 10.1080/20414005.2016.1170472
• Languages: English
• ISSNs: 2041-4013

Abstract

ABSTRACT: As the late H Patrick Glenn discussed the working of 'confluence' among legal traditions in his seminal work, Legal Traditions of the World, and its sequel, Common Laws, this essay appreciates the significance of his view and tries to extend it for the understanding of the dynamism in the making of hybrid legal system now active especially in East Asia and Japan. Thus, the focus of this article is the drive of what the author calls normative translation by legal intellectuals in accommodating various legal perspectives for their crystallization in provisions of legal code, using the famous Article 416 of Japanese Civil Code as an example. Also emphasized in relation to this is the possibility of the outlook of 'law as translation' as a key to the understanding of the transformative shaping of legal system at the intersection of divergent legal perspectives and traditions.