2017 Fiscal Year Final Research Report
general theories of law and state in modern democratic societies: continuity and discontinuity of the concepts of sovereign, representation, and state personality
| Project/Area Number |
26780016
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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 |
Public law
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| Research Institution | Tokyo Metropolitan University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Keywords | 主権 / 近代国家 / 代表 / 国家人格 |
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| Outline of Final Research Achievements |
This project tackled the theoretical problems entailed in the concept of the modern state and in its public law systems, by using both analytical and historical methods. The concepts of representation, sovereignty and legal personality were chosen as the specific objects of the analysis, because they were all at the core in the thoughts of Jean Bodin and Thomas Hobbes, each of whom was one of the founding fathers of the modern state notions, and in the development of this notions in later days up until now. The key findings of the research are the two basso continuo, the intuitionism and expressionism, underlying those three concepts, which gave rise to different interpretations miutually exclusive in several public law issues. Through the publications of the analysis of current debates over now and future public law legislation, based on that finding, this research contributed to academic discussions as well as the public law interpretative practices.
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| Free Research Field |
Constitutional Law
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