19世纪后半叶以来,在非西洋社会中,以西洋法的引进(乃至强制性移植)为基础的法的“现代化”都有了不同程度的进展。尤其是,日本自明治维新以来,在“脱亚入欧”的口号下,以一般所说的修改条约问题为直接杠杆,把固有法的转换作为国家计划,并予以了强有力的推动。在日本的法学中,经常从欧美法中寻找“启发”的比较法研究直到今天仍然是主流并得以继续的 Since the latter half of the 19th century, in non-Western societies, the “modernization” of laws based on the introduction (even compulsory transplantation) of the Western Law has made some progress to varying degrees. In particular, since the Meiji Restoration, Japan has adopted the so-called “amendment of the treaty” as a direct lever under the slogan of “taking Asia as an excuse to enter Europe.” Japan has adopted the conversion of the inherent law as a national plan and has given it a strong impetus. . In Japanese jurisprudence, the comparative law study that often searches for “enlightenment” in European and American law is still mainstream today and continues