COMPARATIVE STUDY OF THE CONCEPTION OF LAW IN EAST AND WEST
| Project/Area Number |
62520007
|
|---|
| Research Category |
Grant-in-Aid for General Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | JOCHI UNIVERSITY |
|---|
Principal Investigator |
OKI Masao FACULTY OF LAW, PROFESSOR, 法学部, 教授 (10053563)
|
|---|
| Project Period (FY) |
1987 – 1988
|
| Project Status |
Completed (Fiscal Year 1988)
|
| Budget Amount *help |
¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 1988: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1987: ¥800,000 (Direct Cost: ¥800,000)
|
|---|
| Keywords | Rule of Law / Rule of Virtue / Confucianism and School of Legists / Training of Government Officials / Legal Education in Ancient Japan / The First University in Russia / Law and Civilization / 訴訟と調停 / 律令の継受 / 法学教育 / 官職と学問の世襲 / 文章道 / 文明と法 / 東西法観念 / 徳治と法治 / 法と道徳の未分化 / 東洋の法学教育 / 官吏登用試験 |
|---|
| Research Abstract |
1. It is commonly accepted to set schematically the "rule of law" in european countries against the "rule of virtue" in the far east. But it is too hasty a conclusion and not correct.
2. It is misleading to assume that the confucian ideology is a solid basis of the far-eastern rule of virtue and benevolent government.
3. The confucianiam is one of the ancient chinese philosophies. Alongside the confucianism the taoism was spread far and wide among the majority of the chinese people, and the teachings of the chinese legists,shang yang,du zhou and hanfeizi guided the emperors and the government officials. Therefore we must say,that the mentality of japanese and chinese people is not determined only by the teachings of confucius.
4. The confucianism and the thought of the legists are clearly opposed to each other,but practically these two are not always uncompatible. In fact many government officials in japan and in china often behaved externally as confucians, but internally they felt as legists and vice versa.
5. The first University in Japan was founded already in the 7th century in Nara,and the students there studied very reluctantly the confucian philodophy and law. They prefered the literature to these two disciplines. As a result of this situation,the legal education in Japan ceased to exist for a thousand years. Moreover there was not any possibility to develop the japanese legal science,because the received chinese laws were too difficult and they were not adapted for the japanese lifestyle at that time. Besides that the publication of the official commentary (ryo-no-gige) in 883 free reserch of laws was lost.
6. All things considered,the so-celled weakness of the law-conciousness among the japanese people is not caused by the propagation of confucianism,but by the decline of legal education and by the undevelopped system of conciliation.
|
Report
(3 results)
Research Products
(21 results)
