Pub Date : 2021-12-01DOI: 10.53106/181263242021121602005
Kevin Chien Chang Wu Kevin Chien Chang Wu, Mau Sheng Lee Mau Sheng Lee, Yi Fang Lu Yi Fang Lu, Yuan Zhen Yeh Yuan Zhen Yeh, Jun Kai Wang Jun Kai Wang, Su Syan Jou Su Syan Jou
{"title":"The Prevalence and Psycho-Social Risk Factors of Indiscriminate Murder: No Man Is an Island?","authors":"Kevin Chien Chang Wu Kevin Chien Chang Wu, Mau Sheng Lee Mau Sheng Lee, Yi Fang Lu Yi Fang Lu, Yuan Zhen Yeh Yuan Zhen Yeh, Jun Kai Wang Jun Kai Wang, Su Syan Jou Su Syan Jou","doi":"10.53106/181263242021121602005","DOIUrl":"https://doi.org/10.53106/181263242021121602005","url":null,"abstract":"<jats:p />","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46988464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-01DOI: 10.53106/181263242021061601003
M. Saulier
{"title":"Medically Assisted Procreation for Women Couples in French Law: Review of New Legislation","authors":"M. Saulier","doi":"10.53106/181263242021061601003","DOIUrl":"https://doi.org/10.53106/181263242021061601003","url":null,"abstract":"","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"16 1","pages":"57-80"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43633209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-01DOI: 10.53106/181263242021061601001
Zvi H. Triger
{"title":"The Reluctant Acceptance of Same-Sex Unions and Parents in Israel","authors":"Zvi H. Triger","doi":"10.53106/181263242021061601001","DOIUrl":"https://doi.org/10.53106/181263242021061601001","url":null,"abstract":"","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"16 1","pages":"1-33"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42045751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-01DOI: 10.53106/181263242021061601002
A. Leroyer
{"title":"Debates on Same-Sex Parentage: Main Arguments in France","authors":"A. Leroyer","doi":"10.53106/181263242021061601002","DOIUrl":"https://doi.org/10.53106/181263242021061601002","url":null,"abstract":"","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"16 1","pages":"35-56"},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45183778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-01DOI: 10.53106/181263242021061601004
沈伯洋 沈伯洋
{"title":"Governing through Corruption: The Symbolism of the Death Penalty for Chinese Corrupt Officials","authors":"沈伯洋 沈伯洋","doi":"10.53106/181263242021061601004","DOIUrl":"https://doi.org/10.53106/181263242021061601004","url":null,"abstract":"<jats:p />","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45570549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-01-01DOI: 10.3966/181263242018031301001
Wen-Yu Chia
Means-Ends Analysis (MEA) is an essential stage of human rights cases in constitutional review. Traditionally, this analysis is conducted under formalistic notion; nevertheless, under the influence of legal realism movement, the U.S. Supreme Court had adopted interdisciplinary approaches in many cases. In recent years, the Taiwanese Constitutional Court (TCC) also shows an interest in interdisciplinary approaches occasionally. This essay will focus on some landmark human rights cases under these two jurisdictions. By comparative research, some common strengths as well as weaknesses of interdisciplinary approaches of MEA in constitutional reasoning may be revealed at a fundamental level of constitutional law that are beyond the boundaries of legal traditions (i.e. common law v. civil law). Those strengths and weaknesses may address the essence of interdisciplinary approaches to (constitutional) law as a distinctive
{"title":"Utilizing External-Knowledge in Means-Ends Analysis: A Comparative Study on Taiwanese and U.S. Cases Regarding Interdisciplinary Approaches to Constitutional Reasoning","authors":"Wen-Yu Chia","doi":"10.3966/181263242018031301001","DOIUrl":"https://doi.org/10.3966/181263242018031301001","url":null,"abstract":"Means-Ends Analysis (MEA) is an essential stage of human rights cases in constitutional review. Traditionally, this analysis is conducted under formalistic notion; nevertheless, under the influence of legal realism movement, the U.S. Supreme Court had adopted interdisciplinary approaches in many cases. In recent years, the Taiwanese Constitutional Court (TCC) also shows an interest in interdisciplinary approaches occasionally. This essay will focus on some landmark human rights cases under these two jurisdictions. By comparative research, some common strengths as well as weaknesses of interdisciplinary approaches of MEA in constitutional reasoning may be revealed at a fundamental level of constitutional law that are beyond the boundaries of legal traditions (i.e. common law v. civil law). Those strengths and weaknesses may address the essence of interdisciplinary approaches to (constitutional) law as a distinctive","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"13 1","pages":"1-51"},"PeriodicalIF":0.3,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70039559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-03-01DOI: 10.3966/181263242017031201001
陳俊元
{"title":"Functions of Directors’ and Officers’ (D&O) Liability Insurance and Litigation Risk: An Empirical Legal Study of Taiwan","authors":"陳俊元","doi":"10.3966/181263242017031201001","DOIUrl":"https://doi.org/10.3966/181263242017031201001","url":null,"abstract":"","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"12 1","pages":"1-52"},"PeriodicalIF":0.3,"publicationDate":"2017-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46733590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-03-01DOI: 10.3966/181263242017031201002
施文真
{"title":"The Role of Governance in Bilateral and National Climate Change Financial Mechanisms","authors":"施文真","doi":"10.3966/181263242017031201002","DOIUrl":"https://doi.org/10.3966/181263242017031201002","url":null,"abstract":"","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"12 1","pages":"53-86"},"PeriodicalIF":0.3,"publicationDate":"2017-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46577101","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this work is to scrutinize the legal structure of trusts in Taiwan, Japan and South Korea. The so-called infrastructure of the private law of them is rooted in the Roman-Germanic basis, which adopts dichotomous system in respect of the private law dealing with property: the law of property and that of obligation. However, the adoption of the trust has caused some problems. Though controversial, the contract-based view seems to be the majority thesis in the East Asian civil jurisdictions, yet the property-based view dominates the common law world nowadays. However, being influenced by common law, the property-approach is also asserted in the aforementioned jurisdictions. It should be noted there has been another approach normally adopted by some civil jurisdictions and mixed jurisdictions, i.e. the doctrine of separate patrimony. The East Asian civi jurisdictions’ approach is somehow at a crossroads. Being a legal system where nomenclature matters, the issue of taxonomic classification can hardly be ignored. We must find a way out from the crossroads, either perfect or not. It is to this task to which the present work is devoted.
{"title":"East Asian Trusts at the Crossroads","authors":"Y. Wu","doi":"10.2139/SSRN.2694581","DOIUrl":"https://doi.org/10.2139/SSRN.2694581","url":null,"abstract":"The purpose of this work is to scrutinize the legal structure of trusts in Taiwan, Japan and South Korea. The so-called infrastructure of the private law of them is rooted in the Roman-Germanic basis, which adopts dichotomous system in respect of the private law dealing with property: the law of property and that of obligation. However, the adoption of the trust has caused some problems. Though controversial, the contract-based view seems to be the majority thesis in the East Asian civil jurisdictions, yet the property-based view dominates the common law world nowadays. However, being influenced by common law, the property-approach is also asserted in the aforementioned jurisdictions. It should be noted there has been another approach normally adopted by some civil jurisdictions and mixed jurisdictions, i.e. the doctrine of separate patrimony. The East Asian civi jurisdictions’ approach is somehow at a crossroads. Being a legal system where nomenclature matters, the issue of taxonomic classification can hardly be ignored. We must find a way out from the crossroads, either perfect or not. It is to this task to which the present work is devoted.","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"10 1","pages":"79"},"PeriodicalIF":0.3,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68258137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article reviews feminist critiques of same sex marriage and analyzes how marriage as a socio-legal institution relates to inequality based on factors such as sex, race and class. The article first identifies how the legalization of same sex marriage can be viewed as a positive step in the quest for equality and recognition of lesbians and gay men. It then describes the legal and statistical trends in relation to marriage in Canada, as one of the first countries to legalize same sex marriage. The heart of the article discusses the key feminist critiques of both marriage and same sex marriage, drawing on an international survey of primarily English language literature. It considers why these critiques have been understated in the debates on same sex marriage and reviews empirical studies on the views of lesbians and gay men on marriage. While acknowledging that legal marriage can offer important rights to some couples, the conclusion suggests alternatives to placing marriage at the center of the lesbian and gay movement for equality and recognition.
{"title":"'Marriage is More than Just a Piece of Paper: Feminist Critiques of Same Sex Marriage","authors":"Susan B. Boyd","doi":"10.14288/1.0103607","DOIUrl":"https://doi.org/10.14288/1.0103607","url":null,"abstract":"This article reviews feminist critiques of same sex marriage and analyzes how marriage as a socio-legal institution relates to inequality based on factors such as sex, race and class. The article first identifies how the legalization of same sex marriage can be viewed as a positive step in the quest for equality and recognition of lesbians and gay men. It then describes the legal and statistical trends in relation to marriage in Canada, as one of the first countries to legalize same sex marriage. The heart of the article discusses the key feminist critiques of both marriage and same sex marriage, drawing on an international survey of primarily English language literature. It considers why these critiques have been understated in the debates on same sex marriage and reviews empirical studies on the views of lesbians and gay men on marriage. While acknowledging that legal marriage can offer important rights to some couples, the conclusion suggests alternatives to placing marriage at the center of the lesbian and gay movement for equality and recognition.","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"8 1","pages":"263-298"},"PeriodicalIF":0.3,"publicationDate":"2013-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66900175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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