1991 Fiscal Year Final Research Report Summary
Introduction of western Legal System into the East
| Project/Area Number |
03044069
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| Research Category |
Grant-in-Aid for international Scientific Research
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| Allocation Type | Single-year Grants |
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| Section | Joint Research |
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| Research Institution | Nagoya University |
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Principal Investigator |
KATO Masanobu Professor of Law, school of Law, Nagoya University, 法学部, 教授 (70009819)
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| Co-Investigator(Kenkyū-buntansha) |
PETCHSIRI Ap チュラロンコン大学, 法学部(タイ国), 助教授
高 翔龍 韓国成均館大学, 法学部, 法学部長
AOKI Kiyoshi Associate Professor of Law, College of International studies, chubu Univ., 国際関係学部, 助教授 (80159277)
太田 勝造 東京大学, 法学部, 助教授 (40152136)
KOH Sang Ryong Dean, Professor of Law, School of Law, Sung Kyun Kwan University
APIRAT Petchsiri Associate Professor of Law, School of Law, Chulalongkorn University
OHTA Shozo Associate Professor of Law, School of Law, Tokyo University
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| Project Period (FY) |
1991
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| Keywords | Introduction of Western Law / the Settlement system of Legal Dispute / South Korea / Thailand / Indigenous Law / Legal Concsiousness / Family Registration |
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| Research Abstract |
The main purpose of this project is to analyze the introduction of Western legal system into the East, especially South Korea, Thailand and Japan. In Japan, this topic, the introduction of Western legal system, has been discussed from the viewpoint of comparing Japanese case with Western countries' ones. Some scholars have pointed out that Japanese legal system is very unique which which are peculiar to Japan. But these peculiar systems to Japan seem, in our opinion, to have common characteristics to other Asian countries. Therefore, we try to re-examine this topic by comparing the South Korean and the Thai cases to the Japanese one in this project. The reasons why we choose these two countries are that South Korea have been influenced both by the buddhist and the confucian like Japan, and that Thailand has been influenced only by the buddhist.
We visited South Korea to research the above topic three times, in July, September and November 1991. We had interviews with professors of law, Judges, practitioners and staffs of a legal research institute. After these interviews, we focus on three issues among the above topic, (1) Legal Consciousness, (2) the Settlement System of Legal Disputes and(3) Family System and Law. We took place the academic meeting with twenty Korean specialist to discuss the three issues in November 1991. The given papers at the meeting are scheduled to publish both in Japan and in South Korea.
In addition, we visited Thailand in January 1992. In Thailand, we took interviews with professors of law, judges, practitioners and so on, like in South Korea. But we feel that more information on these three topics is necessary to analyze and to compare to South Korea's case. We intend to conduct a research on these issues, especially the legal consciousness in near future again.
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