| Project/Area Number |
16330005
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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 International University |
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Principal Investigator |
ISHIBE Masasuke Osaka International University, Faculty of Law, Economics and Politics, Professor, 法政経学部, 教授 (90046970)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥4,100,000 (Direct Cost: ¥4,100,000)
Fiscal Year 2006: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2005: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2004: ¥2,100,000 (Direct Cost: ¥2,100,000)
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| Keywords | German law / legal education / practical training / history of jurisprudence / 法学史 / 理論と実務 / 自然法学 / 歴史法学 / 司法試験 / 事例研究 / 法学エンチュクロペディー |
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| Research Abstract |
The Subject of this research is a history of the legal education at german, specially prussian universities since the 18 century. I gave attention mainly to relations between theoretical study and practical training for the lawyer. In the 18 century the both were performed at the university. Parallel to the judicial reform at the turning point to the 19 century these were separated. Namely the theoretical study of law was given by the university and the practical training by the court. The academic education was reduced to the legal dogmatics, based on history and philosophy. For example such a skill as Relationstechnik was by this time excluded from the academic education and offered only at the judicial court. In this research I investigated at first on the ground of a literature type, Rechtsencyklopaedie, how the system of legal dogmatics, which should be studied by legal students, was formed by university professors. Then I inquired about the reform of the legal education in the present Germany, Austria and Switzerland. I was particurarly concerned with a question, whether and which kind of the practical training is offered at the present german universities and made a investigation about this probleme As its result I could show the performance of the Gutachtenmethode. Further I examined the process of cultural transfer, in which european jurisprudence, legal philosophy, legal history and comparative law were received in Japanese universities.
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