2005 Fiscal Year Final Research Report Summary
The Influence of Books of Authority on the Modern Law Practice and Jurisprudence
| Project/Area Number |
14520001
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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 | Tohoku University |
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Principal Investigator |
OUCHI Takashi Tohoku University, Graduate School of law, Professor, 大学院・法学研究科, 教授 (10241506)
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| Co-Investigator(Kenkyū-buntansha) |
KOYAMA Sadao Kanto Gakuen University, Department of Law, Professor, 法学部, 教授 (30005764)
KOMURO Teruhisa Meiji University, School of Law, Lecturer, 法学部, 講師 (00261537)
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| Project Period (FY) |
2002 – 2005
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| Keywords | books of authority / Blackstone / star pagination / law dictionary / Anglo-American law / Commentary |
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| Research Abstract |
We had two main researches and have got results.
1.The research and solution of the discrepancies in paginations among some editions of Blackstone's "Commentaries."
The pagination of the 1st edition had changed early and largely, in the volume 1 and 4. Scholars have believed that the star pagination editions have resolved the problem of the differences among paginating. But, in fact there are two types of the pagination with star mark (^*). It has been said that the 12th edition is the original paginations of the star pagination editions. But we have found it is not true, and there are a lot of the discrepancies even in the paginations among some star pagination editions. So we have made some contrastive tables of the paginations of some typical editions of "Commentaries." We believe this is the first result and is very useful in the academic field of Anglo-American law.
2.The Influence of Books of Authority on the Modern Law Practice and Jurisprudence.
We have researched that how many words and phrases in Blackstone's "Commentaries" are cited or referred in two of the famous Law Dictionaries, that is, Black's Law Dictionary 1st edition (1891) and Ballentine's Law Dictionary (1948). We have found there are about 1500 examples in each dictionary, and most of them are in the most fundamental legal terms and conceptions in Anglo-American law and jurisprudence. We may say that the books of authority (Blackstone's "Commentaries") have the enormously large influence on modern law practice and jurisprudence, even today and probably in future.
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