| Budget Amount *help |
¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2001: ¥300,000 (Direct Cost: ¥300,000)
Fiscal Year 2000: ¥800,000 (Direct Cost: ¥800,000)
|
|---|
| Research Abstract |
1. Discovering "anti-legal" social order in Russia
In the West, where "Positivierung des Rechts" (N. Luhmann) had been acomplished until the end of the nineteenth century, jurists-comparatists, for example R. David, have developed a tendency to regard social sphere, which is not regulated by positive law, as sphere of customary "law". However there was neither positive law nor customary law, but "pre-legal" or "anti-legal" order, i.e. social order formed by a kind of relative situation ethics, in pesant communities of the nineteenth century Russia. This "anti-legal" order became cinstitute a basic component of socio-political, or so-called "legal" order of the soviet socalism.
The problem of non-legal order first was mentioned by J. Carbonnier and Ichiro Kitamura with the term "non-droit".
2. Overcoming the M. Weber's sociology of law
M. Weber in his "Sociology of Law" dealed "anti-legal" social order in russian pesant communities as "status law" (Sonderrecht). Weber's sociology of law nowadays may be criticized from the viewpoint of methodology of law as a kind of "reversed orientalism".
3. Discovery of "anti-legal" Russia by J.-J. Roussseau
Rousseau in his "Socal Contract" wrote : "Russia shall never be civilized" (Book II ch.8).
His argument may be newly interpreted from the viewpoint of avove-mentioned "anti-legal" social order in Russia.
|
