Law Without Heaven: Darwinian Constitutionalism from Katō Hiroyuki and Justice Oliver Holmes to John C. H. Wu
From a comparative approach to the history of legal thought, this book focuses on the constitutional rights of three constitutional giants in the early 20th century United States, Japan: Katō Hiroyuki, Justice Oliver Holmes and John C. H. Wu, and explores how they dealt with the tension between these two ideas in order to achieve their own destiny. Through the influence of Western law in "The Theory of Heavenly Evolution", the endorsement of Hiroyuki Kato's "Theory of Evolution" on the Meiji Constitution, Holmes's complete rejection of natural human rights, and John Wu's return to Holmes and the promotion of the concept of constitutional rights in the pattern of "law without law" in China, the author shows how the "jungle constitutional view" was at odds with each other, and gained the upper hand in Japan, United States, and China before World War II.
Billy Kee-long So and Sufumi So
2023-07-07
Publisher
The Chinese University of Hong Kong Press
Publisher
Michael Ginn
Sales and Marketing Manager
michael_tlginn@cuhk.edu.hk
(852) 39439806
(852) 26037355
Lady Ho Tung Hall, The Chinese University of Hong Kong, Shatin, NT, Hong Kong
