2015 Fiscal Year Final Research Report
Re-examination of the process of the formation of "postwar legal theory" under the Control and Occupation of the Allied Powers from the viewpoint of legal history
| Project/Area Number |
25380017
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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 |
Fundamental law
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| Research Institution | Toin University of Yokohama |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 基礎法学 / 法制史 / 法学史 / 戦後史 / 国際情報交換（アメリカ・ドイツ） |
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| Outline of Final Research Achievements |
Under the Control and Occupation of the Allied Powers, in addition to Marxism as a methodology, the sociology of law as a field of legal thinking based on the value of democracy under the new constitution was an important piece in creating the features of "postwar legal theory," whose proponents intended to cut themselves off from the prewar ruling legal theory and were conscious of the need to construct new theories that fit with the establishment of a postwar Japanese society.
This study pays its attention to analyze the process of the formation of this theory during the Occupation and transformation of it after the Occupation according to the change of social situation thorough historical examination of several records kept in both American and Japanese Archives or other Organizations with a focus on texts of legal scholars.
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| Free Research Field |
社会科学
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