2017 Fiscal Year Final Research Report
Transformation of law by exiled jurists
| Project/Area Number |
15K03238
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | Dokkyo University (2016-2017)
Hitotsubashi University (2015) |
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Principal Investigator |
ONO Shusei 獨協大学, 法学部, 教授 (30143134)
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 亡命 / 法学者 / 法移転 / 比較法 / 法制度 |
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| Outline of Final Research Achievements |
This paper aims research of transformations of law ideas by exiled jurists. In 1930s many jurists were exiled from Germany from racial, social and political reasons. They were victims of social and political pressures, but succeeded in legal exchanges between continental and Anglo- American law. There are many areas influenced by those exchanges, as comparative law, legal history and law sociology etc. The unification of the law on sale of goods is one of the great products of those exchanges, such as Convention Relating to a Uniform Law on the International Sale of Goods; 1964; United Nations Convention on Contracts for the International Sale of Goods, 1981. The latter Convention is in effect 2009 also in Japan.
There are many exiled jurists, e.g. Rabel, Pringsheim, M.Molff. They gave large influence also on Japanese legal world. I considered many direct and indirect influences by these exiled jurists in the area of law.
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| Free Research Field |
比較法
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