| Project/Area Number |
06044029
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| Research Category |
Grant-in-Aid for international Scientific Research
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| Allocation Type | Single-year Grants |
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| Section | Joint Research |
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| Research Institution | University of Tsukuba |
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Principal Investigator |
TAJIMA Yutaka Institute of Social Sciences, University of Tsukuba, Professor, 社会科学系, 教授 (40047189)
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| Co-Investigator(Kenkyū-buntansha) |
フェンティマン R.G. ケンブリッジ大学, クイーンズ・カレッジ, 講師
ミラー C.J. バーミンガム大学, 法学部, 教授
ダイヤモンド A.L. ノートルダム大学, ローセンター, 学長
ライダー B.A.K. ケンブリッジ大学, ジーザス・カレッジ, 教授
バークス ペータ オックスフォード大学, オールソールズ, 教授
HASEBE Yukiko Faculty of Law, Seikei University, Professor, 法学部, 教授 (40159637)
HASEBE Norio Faculty of Law, University of Tokyo, Professor, 法学部, 教授 (80126143)
HIRAIDE Yoshimichi Faculty of Law, Chuo University, Professor, 法学部, 教授 (70000651)
FENTIMAN R.G Queen's College, University of Cambridge, Senior Lecturer
MILLER C.J Faculty of Law, University of Birmingham, Professor
DIAMOND A.L Law Center, Notre Dame University , President
RIDER B.A.K Jesus College, University of Cambridge, Professor
BIRKS Peter All Sauls College, University of Oxford, Regius Professor
ミラー J.C. バーミンガム大学, 法学部, 法学部長
アダムソン ハーミッシュ ロー, ソサイティ, 教官
デンティス T.C. ロンドン高等法学研究所, 所長
ゴフ ロード 貴族院, 裁判官
スクリブナ アンソニー 裁判官研修所, 法廷弁護士
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| Project Period (FY) |
1994 – 1996
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| Project Status |
Completed (Fiscal Year 1996)
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| Budget Amount *help |
¥5,900,000 (Direct Cost: ¥5,900,000)
Fiscal Year 1996: ¥1,900,000 (Direct Cost: ¥1,900,000)
Fiscal Year 1995: ¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1994: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Keywords | English Law / Comparative Law / Civil and Commercial Law / Criminal Law / Business Law / Property Law / Judicial System / Disputes Settlements / 日英比較法 / 憲法 / 法律制度 / 倒産法 / 会社法 / 裁判官 |
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| Research Abstract |
This study is an attempt to bridge between Japan and England particularly in the field of law. During the past hundred years, Japan has studied English law and used it as a model for legislation or incorporated into Japanese legal theory. There was virtually no case in which England learnt something out of Japanese law. In recent years, however, English lawyers (both academic and practical), with a very strong support of the British Council, proposed to set up a cooperative study network with Japanese lawyers. This study is based on this proposal.
The three years project has been very successful. The British-Japanese Comparative Law Conference was held at the University of Cambridge, Jesus College, in September 1996, and the second conference will be held at the University of Tsukuba, Tokyo, in October 1997. Several works, including books and articles, will be published shortly mostly in English. A firm network for cooperation between Japan and England is now established. Distinguished judges (in England, judges play important roles for academic studies) visited Tokyo and Justice Sonobe, a Supreme Court Justice of Japan, visited England in connection with our project. The University of Birmingham, faculty of law, initiated to set up a regular course for the study of Japanese law, which was also very successful.
The subjects of study covered by this study project were very wide. Civil, commercial, criminal, constitutional, corporate, and property laws were discussed in the joint study. Judicial system, disputes settlements and procedural aspects were also studied and these studies assisted in a reform of Japanese legal system (particularly, product liability law and small claims resolution). The results of the studies will appear in Anglo-Japanese Comparative Law and other books. Lord Goff, Lord Mustill, Lord Justice Arden, Prof.Diamond, Prof.Miller, Prof.Rider, Prof.Birks and many other distinguished lawyers in England participated in this study.
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