This study examines the concept of legal transplants—the process of adopting legal principles, rules, or systems from one jurisdiction into another—in the Japanese legal framework. It will explore how Japan has historically incorporated foreign legal ideas while adapting them to its socio-political context. This research will also analyze the effectiveness of these transplants, identify challenges, and assess their implications for global legal harmonization and modernization.
Japan offers a unique case study of legal transplants due to its distinct historical trajectory from the Meiji Era to contemporary reforms in response to globalization and trade agreements. While its adoption of foreign legal systems has often been seen as successful, challenges persist in terms of integration, practicality, and alignment with traditional values.
The project asks the following questions. From a historical perspective, what were the primary drivers behind Japan’s adoption of foreign legal systems during the Meiji and post-WWII periods? How were these legal transplants modified to suit Japan's domestic context? What are the current trends in legal transplants in Japan (e.g., commercial law, environmental law, international trade)? How effective are these transplants in addressing domestic legal issues? Finally, how does Japan’s experience with legal transplants compare to other jurisdictions? What lessons can be drawn about the broader process of legal harmonization?