1993 Fiscal Year Final Research Report Summary
A comparative investigation of the legal methode at the school of Bourges and the process of formation of the modern legal history in the sixteenth-century-France
| Project/Area Number |
03620004
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Ehime University |
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Principal Investigator |
NISHIMURA Takayoshi Ehime University, Faculty of law and Literature, Department of Law, Professor, 法文学部, 教授 (60208220)
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| Project Period (FY) |
1991 – 1993
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| Keywords | The school of Bourges / Legal humanism / Historical school of law / Hugues Doneau / Jacques Cujas / Study of vulgar law / Theory of legal sources / Philology of the classics |
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| Research Abstract |
In my opinion, the french legal study had various methodes and subjects in the early modern Europe, especially in the sixteenth century, even if it has chosen a new direction in general. For this prospect, I took notice of the individual activities of jurists and examined their own juristic works. For I think that these fundamental data make the point clear at the legal issues and legal theories, and that I am able to place these issues or theories in the contemporary ages.
I have continued this research for three years from 1991. In the first stage, I made an investigation into the jurist Hugues Doneau and his methode. And he had a systematic intention on his own exegesis into roman legal sources. In the second, I tried to investigate on the contemporary jurist Francois Duaren and Francois Hotman, and so on. The aim of this approach is to compare one methode with others. And I came to a conclusion that, as Prof.Hans Erich Troje suggested, they extended their spheres of legal sources and their scopes of problesm in the juristic activity.
Finally, I examined into the jurist Jacques Cujas and his works, particularly his "Observationes et Emendationes (1556-1596)". And it makes clear that he used his own approach to various legal sources from early period and he had no systematic intention. He placed each historical sources into each historical stages. This hitorical approach to analyze brought out a new methode to study a history of law and institution in this century and the next.
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