|Budget Amount *help
¥4,500,000 (Direct Cost : ¥4,500,000)
Fiscal Year 1996 : ¥800,000 (Direct Cost : ¥800,000)
Fiscal Year 1995 : ¥1,000,000 (Direct Cost : ¥1,000,000)
Fiscal Year 1994 : ¥2,700,000 (Direct Cost : ¥2,700,000)
"Welche Verkettung von Umstanden hat dazu gefuhrt, dabeta greade auf dem Boden des Okzidcnls, und nur hier, kulturerscheinungen auftraten, welche doch...in einer Entwicklungsrichtung von universeller Bedeutung und Gutigkeit lagen? ". Why, in contrast with this did not such cultural phenomenon give rise to in non-western world?
Based on such penetrating eyes and on the premise that Japanese law is partly westernized, but not western law, this papaer tries to emboss a general view of west and cast in legal order by picking out cultural archetypes (old stratum, basso ostinato) of superstate organization (e.g.E.U.), state, intermediate society, village and family and by classifying various legal orders into several cultuaral circle of law.
When western comparativists command a bird's eye view of legal orders in east and west, cultural circle of western law (comprised of civil law system and common law system) could easily be come within range in great detail, but cultural circle of non-western (radically different) law in very little detail.
As a result, not only African-Oceanian law, Hindu law, North-eastern law, Islamic law, etc.are apt to be made little account of, but also it sometims happens that they fail to grasp western legal culture as a unit. On the other hand, western law itself is inevitably being transformed from civil legal order (based on modern society) to postmodern legal order.
This paper, taking into consideration such recent trends, tried to analyze the basic common cores and differences of legal conception, consciousness and role underlying legal cultures in east and west, and examined various factors supposed to form western and non-western legal cultures. In concrete terms, by using the tripartite classification of CULTURAL CIRCLE OF LAW-LEGAL SYSTEM-LEGAL FAMILY,this paper aims at groping for the clue to enable the conversation between east and west in symbiosis, by harmonizing each individual indigenous legal order and the universal law.