| Project/Area Number |
14520004
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | The University of Tokyo |
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Principal Investigator |
NISHIKAWA Yoichi The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (00114596)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥3,100,000 (Direct Cost: ¥3,100,000)
Fiscal Year 2004: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2003: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2002: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Keywords | legal history / constitutional history / literacy / kingdom / Medieval cities / notaries of the city / indicial institutions / legislation / 都市史 / 中世法 / 学識法 / 糺問手続 / 都市条例 / 詔書制度 / 裁判 / 共和主義 / シュタウフェン朝 / 都市法 / 都市共同体 / 国王証書 / 書記局 / 国政史 |
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| Research Abstract |
The 12^<th> and the 13^<th> Century was the Age, in which the so-called pragmatic literacy developed very rapidly. In Germany, diverse influences from the regions (especially Italy and France) that had relationship with the royal court begin to be observed due to the essentially open character of the court. At the end of the 12^<th> century, the royal chancery assumes many features of the diplomatic practice of the papal chancery that was the most developed in Europe. During the later Hohenstaufen era (the first half of the 13^<th> century), the influence of the chancery of the Kingdom of Sicily royal chancery grows increasingly. That meant the growing institutionalization and the shift from privileges to mandates with the background of the bureaucracy of the Regnum.
The development of the literacy in the cities is conditioned not only by the differentiation of the economic life. Also the republican political structure influences the characteristics of the pragmatic literacy of the free
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cities in medieval Europe. It was especially in the Italian city-communes in which this development took place at first. After the growth of the use of documents in the ecclesiastical courts, many documents begin to be produced due to the specific character of the civic republicanism : the election of the officers, control of the officers, the exaction of tax for public purposes. The same tendency can be observed also in the Flemish and German cities, albeit a little later. In these regions, the office of the notaries of the cities (Stadtschrerber) was occupied in a growing degree by people who were educated in Law. They took care not only of the public and private documents of the city. They were engaged also in diplomatic negations, counsel to the city and writing history that was the expression of the civic consciousness of the citizens. However there remained a certain friction between the specialized legal knowledge and the traditional political capacity to govern the city-republic Less
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