| Project/Area Number |
04301060
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Faculty of Law, Hokkaido University |
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Principal Investigator |
ISHIKAWA Takeshi Hokkaido University, Professor Emeritus, 名誉教授 (20000648)
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| Co-Investigator(Kenkyū-buntansha) |
ISHII Shiro The University of Tokyo, Division of Law & Politics, Graduate School, Professor, 大学院・法学政治学研究科, 教授 (00009797)
MURAKAMI Jun'ichi Toin University of Yokohama, Faculty of Law, Professor, 法学部, 教授 (80009795)
NARUSE Osamu Seijo University, Faculty of Arts & Literature, Professor, 文芸学部, 教授 (70011278)
YAMADA Kingo Kyoritsu Women's University, The Faculty of International Studies, Professor, 国際文化学部, 教授 (70017523)
KOSUGE Yoshitaro Hokkaido University, Faculty of Law, Professor, 法学部, 教授 (00000654)
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| Project Period (FY) |
1992 – 1993
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| Keywords | Nation / Nationalism / Germanic People / Nazism / Holy Roman Empire / Racism / Tribe / Bavarians |
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| Research Abstract |
We have investigated the historical meaning of the conceptions like ethnos and natio in the legal history and the history of the ideas from the time of the Germanic people to the "Third Reich". We also studies how these conceptions were conditioned by the social and constitutional factors in the history. The main topics we dealt with are the following ones.
1) The problem of the conception "Germanen". We made clear the diversity of the concept of the "Germanic People" in the classical literature and in the various fields of the modern historical studies.
2) On Ethnogenesis. Through the analysis of the development of the study on the history of the Bavarians, we criticized some previous studies that described the birth and the development of the tribal units from the standpoint of the immigration of a specific ethnic group.
3) W pointed out the relationship between the state building of the High Middle Ages and the growth of the consciousness of the nation. Generally speaking, the growth of the consciousness of the nation was deeply influenced by the monarchy. In Germany, the the universalistic Reich delivered the framework of the notion of the nation.
4) We investigated the teaching of the medieval lawyers concerning the legal character of the national group and the expression of the pride of the lawyers in their own nation.
5) We analyzed the influences of the constitution of the "Holy Roman Empire" on the notion of the excellence of the German nation in the early modern time.
6) We investigated the historical roots of the racist jurisprudence of the "Third Reich" and found out that the popular literature of the germanistic legal science playd an important role.
7) We investigated the meaning of the concept of the "Volksgenossenschaft" in the thought of the lawyers of the "Third Reich" (e.g., of Karl Larenz). We could make clear the strange structure of his thought in which the concept of the "Volksgenossenshaft" was connected with a strong trait of decisionism.
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