Histrical Study in Formation of Nation States, Citizen, Law and Basic Concept of Modern Law

2014 Fiscal Year Final Research Report

• Project/Area Number: 23530012
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Okayama University
• Principal Investigator: HATANO SATOSHI 岡山大学, 社会文化科学研究科, 教授 (70218486)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 基礎法学 / 法制史 / 西洋法制史 / フランス法制史 / フランス革命

Outline of Final Research Achievements

We elucidate a process of transformation from corporative state in Ancien Regime to nation state which was established by the French Revolution. This new nation state is constituted based on individuals.
Constitution of corporative state is ultimately based on the principle established by the God. For this corporative state, history is important factor for constitutional legitimacy. But new nation state is based on will of nation which is separated from historical perspective. This will of nation based on wills of autonomous citizens. Law is expression of the general will based on everyone's will. Not every parson have status of citizen because of lack of autonomy. French Revolution eliminate dependent persons from citizens, but their are many institutions which made dependent persons autonomous citizens.

Free Research Field

西洋法制史