| Project/Area Number |
14320001
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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 |
AIZAWA Hisashi Hokkaido University, School of Law, Associate Professor, 大学院・法学研究科, 助教授 (70322782)
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| Co-Investigator(Kenkyū-buntansha) |
HASEGAWA Ko Hokkaido University, School of Law, Professor, 大学院・法学研究科, 教授 (90164813)
OZAKI Ichiro Hokkaido University, School of Law, Associate Professor, 大学院・法学研究科, 助教授 (00233510)
SUZUKI Ken Hokkaido University, School of Law, Professor, 大学院・法学研究科, 教授 (80226505)
TAGUCHI Masaki Hokkaido University, School of Law, Professor, 大学院・法学研究科, 教授 (20206931)
KUWAHARA Asako Hokkaido University, School of Law, Associate Professor, 大学院・法学研究科, 助教授 (10292814)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥10,000,000 (Direct Cost: ¥10,000,000)
Fiscal Year 2004: ¥2,800,000 (Direct Cost: ¥2,800,000)
Fiscal Year 2003: ¥3,700,000 (Direct Cost: ¥3,700,000)
Fiscal Year 2002: ¥3,500,000 (Direct Cost: ¥3,500,000)
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| Keywords | Culture / Creole / Structuration of law / Institutional obstacle / East Asian legal system / Middle-Age urban law / Rule of law / Poet-lawyer / 法文化 / 法継受 / 法動態 / 文化接触 / 法化 / 法主体 / 権力 / 帝国 / 法治社会 / フェーデ / 信託 / 比較法形成 / 価値の移植 / 制度 / 社会構造 / 中国固有法 / 中世都市 / 多文化社会 |
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| Research Abstract |
In this research project, we tried at the first stage to search various significant materials in order to make relevant focuses on the research points for each member ; then at the second stage we tried to analyze the multi-level workings of the process of the creole of cultures and the structuration of law (We distinguished the dimensions of value, society, and institutional histories, and further did for the last dimension the Asian context, the European context, the American context, and the Japanese context.) ; and at the final stage we tried to integrate those various explorations by each member in a comprehensive scheme.
As to the dimension of value, we explicated the role of connected critic in society and its role for the process of the permeation of values, concerning the transference of values and the change of the constitutional structure of society. As to the dimension of society, we explicated the factors for the disturbing gap between legal ideas in the state and social culture, with focusing on the paradoxical process of self-absorption in the popular protest against the dominance of the "empire". As to the dimension of institutional histories, we firstly explicated for Asia the possibility of the connection between two types of legal cultures, one the culture of gradation and the other culture of discontinuity, especially through the Chinese experience ; secondly explicated for Europe the vital interests of the noble class in the process of the establishment of the Carolina Criminal Code in the 15th century Germany ; thirdly explicated for the US the significance of the consensus on the rule of law and liberty rights in the multi-religious conflict situation today ; and finally explicated for Japan the process of the interpretive adaptation of the Chinese legal system by the noble poet-lawyers in the 6th century Heian period.
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