| Project/Area Number |
13420002
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Hokkaido University |
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Principal Investigator |
TAGUCHI Masaki (2002-2003) Hokkaido University, School of Law, Professor, 大学院・法学研究科, 教授 (20206931)
小川 浩三 (2001) 北海道大学, 大学院・法学研究科, 教授 (10142671)
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| Co-Investigator(Kenkyū-buntansha) |
ISHIBE Masasuke Osaka International University, Department of Politics, Economics and Law, Professor, 法政経学部, 教授 (90046970)
YAMADA Kingo Hokkaido University, Professor Emeritus, 名誉教授 (70017523)
ISHIKAWA Takeshi Hokkaido University, Professor Emeritus, 名誉教授 (20000648)
ISHII Shiro The University of Tokyo, Professor Emeritus, 名誉教授 (00009797)
MURAKAMI Jun'ichi Toin University of Yokohama, Faculty of Law, Professor, 法学部, 教授 (80009795)
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| Project Period (FY) |
2001 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥9,700,000 (Direct Cost: ¥9,700,000)
Fiscal Year 2003: ¥2,200,000 (Direct Cost: ¥2,200,000)
Fiscal Year 2002: ¥3,900,000 (Direct Cost: ¥3,900,000)
Fiscal Year 2001: ¥3,600,000 (Direct Cost: ¥3,600,000)
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| Keywords | Empire / State / Region / Rome / Germany / Emperor / Constitution / Gewere / 帝国法 / 属州法 / 碑文 / 皇帝権 / ローマ市 / 検断 / 神判 / 史料論 / ザクセンシュピーゲル / 法書 / 国制史 / 帝国国法論 / サヴィニー / 貴族 / 家 / 由緒 / 中世 / 占有 / 穂積陳重 / 比較法学 / リース / 近代歴史学 |
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| Research Abstract |
We considered in this cooperative research three levels of coherence, "universal order", "particular state" and "region". We studied generation and evolution of We-consciousness (co-belonging-consciousness) on these levels and investigated roles which law had played there.
The following is several results which are picked up from the whole outcomes. As regards the Western antiquity, the relationship between the imperial law and the provincial laws in the ancient Roman state was inquired. On one hand exaltation of the idea "Rome in common fatherland" and diffusion of the imperial law to the whole Mediterranean world were confirmed, but on the other hand continuation of the particular laws of regions and cities, and therefore complicated interactions of both were suggested. As for the Western middle ages, the imperial power of the 9 and the 10 century was investigated and the historical background of the phenomenon, that We-consciousness in Germany had grown up connecting with the idea of universal empire, was made clear. About the concept of "Gewere", one of the central concepts in medieval German legal system, its original meanings in the mirror of Saxony and the later transitions of senses were confirmed. As regards Western modern ages, the history of the medieval German constitution, which Putter had described in the 18 century, was studied in detail. The image of constitution, where the universal imperial and papal powers were the indispensable elements and many particular states co-existed, was confirmed and the characteristics of German We-consciousness under the adhesion of different levels of coherence were made clear. On Japan, the relationship between the legal comparison of Nobushige Hozumi and the trends of jurisprudence in England and Germany was studied and it was made clear how he had tried to situate Japanese law in the legal system of the world and its development.
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