2010 Fiscal Year Final Research Report
A preliminary study to the mixed legal system-mapping the Japanese law in the world--
| Project/Area Number |
20530006
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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 | Niigata University |
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Principal Investigator |
MATSUMOTO Emi Niigata University, 人文社会・教育科学系, 教授 (50303102)
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| Co-Investigator(Kenkyū-buntansha) |
KASAI Yasunori 大妻女子大学, 文学部, 教授 (80114437)
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| Project Period (FY) |
2008 – 2010
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| Keywords | mixed legal system / mixed jurisdiction / Roman Dutch Law / 南アフリカ法 / スコットランド法 / ルイジアナ法 / 日本法の発信 / 法源論 |
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| Research Abstract |
Japanese law has never been studied by Japanese lawyers from a viewpoint of the mixed legal system, though its modern law has been shaped under the strong influences of European continental law (civil law) as well as of Anglo-American law (Common law). From our study it becomes clear that analyzing Japanese law in the light of the legal experiences of such mixed jurisdictions as South Africa, Scotland, Louisiana, etc. can help us in finding methodology for explaining Japanese law in English, but also in mapping Japanese law in the world.
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