2001 Fiscal Year Final Research Report Summary
Formation, Development and Transformation of the Modern Law - Comparative Studies of Europe, China and Japan -
| Project/Area Number |
11620009
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Tokyo Metropolitan University |
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Principal Investigator |
MIZUBAYASHI Takeshi Tokyo Metropolitan University, Faculty of Law, Professor, 法学部, 教授 (70009843)
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| Co-Investigator(Kenkyū-buntansha) |
JINBO Fumio Nagoya University, School of Law, Professor, 大学院・法学研究所, 教授 (20162828)
SHINPOU Hideo Kyusyu-University, Faculty / School of Letters, Professor, 人文科学研究所, 教授 (90118331)
HIROWATARI Seigo University of Tokyo, Institute of Social Science, Professor, 社会科学研究所, 教授 (60025153)
KANAYAMA Naoki Hosei University, Faculty of Law, Professor, 法学部, 教授 (90211169)
寺田 浩明 東北大学, 大学院・法学研究科, 教授 (60114568)
KI Eitou Kobe University, Faculty of Law, Professor
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| Project Period (FY) |
1999 – 2000
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| Keywords | Absolutism / Modernization / Modern Law / French Civil Code / Nationalsocialism / justice / money suits / commercial law |
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| Research Abstract |
Hideo SHINPOU demonstrates that in the absolutism period the nature of the forms of law consists in a diversity of source of law and integration by a monarch, and the purpose of monarchal legislation is found in generalization and direct control over the individual, based on the status system. The early modern times show therefore not only peculiarity as an individual time, but also continuity with modern times.
Naoki KANAYAMA point out that the characteristic of the modern law consists in its "civil" nature, and law "civilised" becomes a comprehensive norm, by which people's life is controled in its very details.
Seigo HIROWATARI focused on two aspects of the problem "Nationalsocialism and Modernization". How or whether did the Nationalsocialism modernize the German Society? How did the Nationalsocialism attack the keyconcepts of Modern Law and with what did the Nationalsocialism replaced it ? This Analysis showed the interdependent relation between normative and factual aspects of modernization.
Hiroaki TERADA pointed out that the Q'ing civil justice have a strong inclination for compromise, and it was not as the result of the static society, but as an another style of the public authority governing the dynamic society
Fumio JINBO demonstrated that the modern civil litigation system was not quite different from that of Tokugawa Era, but the base which made it possible to receive modern Western law after Meiji Era has been already formed in the practices of money suits in the Osaka Town Magistrate's Office.
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Research Products
(20 results)
