| Project/Area Number |
09420009
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
AOYAMA Yoshimutsu The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (70009801)
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| Co-Investigator(Kenkyū-buntansha) |
KONTANI Koji Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (00033738)
FUJIWARA Akihisa Kobe University, Faculty of Law, Professor, 法学部, 教授 (40030621)
ISHII Shiro International Research Center for Japanese Culture, Professor, 教授 (00009797)
MATSUMOTO Tami Kagawa University, Faculty of Law, Professor, 法学部, 教授 (30044853)
國井 和郎 (国井 和郎) 大阪大学, 法学部, 教授 (70028017)
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| Project Period (FY) |
1997 – 1999
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| Project Status |
Completed (Fiscal Year 1999)
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| Budget Amount *help |
¥9,300,000 (Direct Cost: ¥9,300,000)
Fiscal Year 1999: ¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 1998: ¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 1997: ¥4,500,000 (Direct Cost: ¥4,500,000)
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| Keywords | Civil Judgment Files / Preservation of Legal Materials / National Archives / Modernization of Legal Procedure / 司法制度の成立 / 裁判手続の近代化 / 裁判史料保存 / 国立司法公文書館 / 訴答文例 |
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| Research Abstract |
The objectives of this research project were as follows. Firstly, to formulate the basic policies concerning the preservation of judicial material, policies according to which civil judgement files should be made available for research purposes. Secondly, to look into the process whereby law and judicial procedure were introduced and entrenched in Japanese society during the Meiji period.
Concerning the first objective, the project defined the actual issues in the context of the current situation. However, while the decision was made to transfer the civil judgement files themselves to the National Archives, a more general preservation policy concerning a wider range of legal material is yet to be agreed upon. Considering the delicate relationship between the practical use of a particular document and its historical value, it has been deemed necessary to bring together the expertise of specialists from a range of related disciplines, such as legal practitioners, legal scholars, historian
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s and archivists. Moreover, a framework for co-operation among the national universities was agreed upon, in temporarily taking charge of the civil judgement files.
In pursuit of the second objective, the fruits of research into individual topics have been abundant. In particular, by looking into the day-to-day practices of the courts and analyzing their long-term change, we have been able to identify the process whereby the early Meiji legal system was built. This has been a major advancement in our understanding of the judicial system of this period. However, owing to the fact that the material for such research is yet to be organized and made available in full, such fruits as above have been fragmentary. In order to integrate these individual studies and come to a fuller understanding of "Law and Justice in Meiji Japan", a detailed analysis of a more complete range of the civil judgement files would he necessary. It has been necessary to leave such an analysis as a future task.
Moreover, based on the findings of this research project, we have co-operated in the formation of the civil judgement files database, currently in process at the International Research Centre for Japanese Studies. Less
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