| Project/Area Number |
09420001
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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 | Hokkaido University |
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Principal Investigator |
IMAI Hiromichi School of Law, Hokkaido University, Professor, 法学部, 教授 (00093188)
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| Co-Investigator(Kenkyū-buntansha) |
YASUDA Nobuyuki Graduate School of International Development, Nagoya University, Professor, 大学院・国際開発研究科, 教授 (00242884)
NAKAMURA Mutsuo School of Law, Hokkaido University, Professor, 法学部, 教授 (30000665)
SUZUKI Keifu Faculty of Law, Sapporo Gakuin University, Professor, 法学部, 教授 (50047908)
ATSUYA Joji School of Law, Teikyo University, Professor, 法学部, 教授 (90222637)
HIENUKI Toshifumi School of Law., Hokkaido University, Professor, 法学部, 教授 (70113610)
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| Project Period (FY) |
1997 – 1999
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| Keywords | Legal Consciousness / Korean Law / Economic Crisis / Asian Values / Fraternity / Market Mechanism / Community / Globalization |
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| Research Abstract |
The legal consciousness and system of a nation is influenced by its history, philosophy, culture, tradition, economy and so forth. The 1997 economic crisis in Korea alerted the people and brought about radical reforms in its legal system. These reforms stressed the need to open the domestic market to overseas. In order to rectify the corrupted relations of the big businesses with politicians and bureaucrats, those reforms innovated laws regarding security dealings, fair dealings and labor protection.
The on-going structural reforms in economy will be conducive to a more globalized and market-oriented Korea. The existent commercial practice based on the traditional legal consciousness, and the business-bureaucrat collusion can no longer be sustainable. In that case even if the 'Asian values' remain valid, they should not function as the media of the anti-market and anti-globalism sentiments. Because 'Asian values' often result in nepotistic business practices and cost the society much, they are not inherently better in terms of human dignity than globalization which tends to engender the oft-cruel market competitions.
And yet, the market society is likely to provide lucky and talented people with fair chances and freedom in business activity. It may well lead to the one where the clever and lucky people with endless desires for money and power would dominate economy. Therefore some proper surveillance and guidance is necessary to bring about free and fair competitions. Such competitions might result in a widening gap between the rich and the poor and in an excessive belief in achievements. In order to moderate and overcome those consequences of the market economy, the renewal of the 'Asian (communitarian) values' should be sought. More specifically, the 'Asian values' re-conceptualized as the principle of fraternity are expected to help build a society with higher moral.
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