1988 Fiscal Year Final Research Report Summary
Comparative and Comprehensive Study in the Contemporary Town Development Law and the Arrangement and Renovation of Habitational Conditions of Towns
| Project/Area Number |
62301063
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | University of Tokyo |
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Principal Investigator |
HARADA Sumitaka Institute of Social Science, University of Tokyo, 社会科学研究所, 助教授 (50013016)
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| Co-Investigator(Kenkyū-buntansha) |
IKEDA Tsuneo Faculty of Law, Osaka City University, 法学部, 助教授 (60092128)
YOSHIDA Katsumi Faculty of Law, University of Hokkaido, 法学部, 教授 (20013021)
TAYAMA Teruaki Faculty of Law, Wasada University, 法学部, 教授 (30063762)
KAINO Michiatsu Faculty of Law, University of Nagoya, 法学部, 教授 (00013011)
HIROWATARI Seigo Institute of Social Science, University of Tokyo, 社会科学研究所, 助教授 (60025153)
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| Project Period (FY) |
1987 – 1988
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| Keywords | Urban law / modern land law / town planning / urban renovation / town redevelopment / land ownership / housing policy / 土地所有権 |
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| Research Abstract |
1. The purpose of the study has been to consider, comperatively and comprehensively, the ways of renovating and improving the habitational conditions and environments for residents in Japanese towns today by identifying major problems in recent urban and town development in Japan, by drawing comparisons with relevant policies and legislations in Britain, U.S.A., France and W. Germany, and by inquiring into possible ways of overcoming these problems. To accompish this purpose, the relevant policies and legislations of each have been analyzed in its concrete socio-institutional context; important problem areas that have emerged from this analysis then been analyzed and compared at greater details; and, throughout, emphasis has been on clarifying the institusional, administrative and legal problems surrounding town development in Japan, in close refrence to concrete realities.
2. Major accomplishments of the study include the following. (1) Comprehensive inquiries into town development in
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different countries have clarified perspectives and criteria essential for a comparative study of this sort. (2) It has identified many differences between Japan and the West with regard to the ideals/aims, structure and functions of land laws, legal restricitions on landownership, and citizens' roles in the shaping of towns. It has also clarified that these differences can be explained primarily by the different ways in which the two conflicting principles of town development, i.e., one favoring free working of "market principle", and the other favoring "control by public lopicy or planning," are institutionally and politically balanced and readjusted with each other. (3) The study suggests that the lack of proper balancing between the two principles underlies the failure of Japanese town development to give heed to improvement and renovation of habitational environment, and that some institutional reforms will have to be made.
3. Although some inportant issues are left unclarified, the findings of the study -- a total of 13 papers and the final report to Mombusho -- have laid solid enough foundations for further studies on town development laws. Less
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Research Products
(13 results)
