<第17次ブータン訪問隊報告>比較法的視点からみた法と文化

Abstract

This contribution reports the author's first experience of visiting the Kingdom of Bhutan and the speech she gave at the Jigme Singye Wangchuck School of Law ("JSW School of Law") on 22 November 2018. In the text of her speech, the author first gives a comparative overview of divergent family institutions, particularly marriage and divorce, throughout various jurisdictions in Asia, Africa, Europe, and America. Second, grounded in the diversity of legal institutions and the experience of Japan, the author analyzes the relationship between law and culture in general. She points out the importance of making allowances for particular traditions, customs, culture, and religions of respective societies in constituting suitable legal institutions and developing appropriate legal norms. The same consideration arguably applies also to Bhutan. Third, the author opines that, while individual legal institutions and legal norms ought to reflect the specific conditions of each society, various challenges posed through globalization require developing common, international legal frameworks. In dealing with global issues, such as human rights violations and corporate social responsibility, climate change and environmental protection, as well as armed conflicts and penal sanctions, cooperation between countries in the international community is of crucial importance nowadays. Against this background, it is hoped that academic exchange between Kyoto University and the JSW School of Law be enhanced and yield fruitful results in the future. To conclude, the author sincerely thanks Prof. Matsuzawa, Prof. Yamagiwa and all the colleagues and friends who kindly organized the wonderful trip to Bhutan and accompanied her in a friendly, collegial spirit.