| Project/Area Number |
11420002
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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 |
Fundamental law
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| Research Institution | Osaka University |
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Principal Investigator |
MITSUNARI Kenji Osaka Uni., Law, Professor, 大学院・法学研究科, 教授 (90181932)
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| Co-Investigator(Kenkyū-buntansha) |
OKADA Akihiro Kobe Uni., Development Science, Ass. Prof., 発達科学部, 助教授 (70185429)
MATSUURA Yoshiharu Nagoya Uni., Law, Professor, 大学院・法学研究科, 教授 (40104830)
NAKAO Toshimitsu Osaka Uni., Law, Professor, 大学院・法学研究科, 教授 (30155668)
ISHIBE Masasuke Osaka International Uni., Law and Political Eco, Prof., 法政経学部, 教授 (90046970)
TSUNODA Takeshi Osaka prefecture Uni., Integrated Arts and Science, Prof., 総合科学部, 教授 (10155434)
松浦 以津子 愛知大学, 法学部, 教授 (80109248)
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| Project Period (FY) |
1999 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥5,100,000 (Direct Cost: ¥5,100,000)
Fiscal Year 2001: ¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 1999: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Keywords | Modern Law / Academic Law / Legal Order / Legal Culture / Lawyers / Law school / Legal Profession / University / 近代 / 法曹養成 / 法学教育 / 習法 / ドイツ法 / イギリス法 / アメリカ法 / スコットランド法 / 近代日本 |
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| Research Abstract |
For three years, beginning from 1999, the project participants were engaged in researching statistics and historical sources of the nineteenth century in such countries as Japan, Germany, France, the United Kingdom and the United States of America.
The collected historical statistics is of various kinds. Such information as historical changes of population, colleges and universities, law departments and law schools, law students, lawyers and judges and so forth were includedin the sense that they would provide a rough image of the "infra-structure" of the law and the legal profession during the nineteenth century.
The project confirmed the following two points with the study of historical statistics :
(1) When we talk about "the shaping of the modern legal order," it is necessary to distinguish three dimensions ; the shaping of the modern civil society, the formation of the modern law (codes), modernization of the legal order. The development of these three dimensions was not parallel and often lagged in time. The way of development was not similar in the countries studied. But it is a notable fact that in all countries studied the rapid creation of the "infra-structure" of the modern legal order came almost at the same time, i.e. during the 1870s.
(2) Compared with leading western nation of the nineteenth century, the project showed in statistical terms, Japan had succeeded in introducing a workable system of uniform national laws and the professional bureaucracy in the judicial and the executive branches of the government relatively earlier than these nations and often in a better organized way. The study results will be submitted in a summary form as a Report of the Project. Academic implications of this project will be reported and discussed at a symposium of the Association of Sociology of Law in June 2002. Earlypublication of the full study is also planned.
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