2012 Fiscal Year Final Research Report
Roberto Unger's Social Theory: Toward reconstruction of legal-institutional arrangements of property
| Project/Area Number |
23730008
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Fundamental law
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| Research Institution | Okayama University |
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Principal Investigator |
AGATSUMA Satoshi 岡山大学, 大学院・社会文化科学研究科, 准教授 (60437564)
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| Project Period (FY) |
2011 – 2012
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| Keywords | Roberto Unger / 法律学方法論 / 制度構想 / 批判法学 |
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| Research Abstract |
My critical investigation elucidates the contemporary significance of Harvard Law Professor Roberto Unger’s Socio-legal Theory and its methodology and institutional proposals : i.e. Legal Analysis as Institutional Imaginationand Programmatic Thought. It argues that Professor Unger’s approach and proposals are crucially important to the contemporary Japanese legal education because our society’s pressing task is to cultivate the creative genius of the ordinary citizens, public officers and legal experts. We need new ideas, practices and institutions, and the law and legal thought would provide us with those ideas, practices and institutions, if we properly understand and reconstruct them as / into “legal analysis as institutional imagination.” My study also analyzes an important legal debate on “collaboration of the public and the private” in Japan through the perspective of legal analysis as institutional imagination, and thus, suggests that, as a matter of fact, embryotic but truly creative legal knowledge always / already work on the people’s real life.
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