| Project/Area Number |
16251010
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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| Allocation Type | Single-year Grants |
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| Section | 海外学術 |
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| Research Field |
Cultural anthropology/Folklore
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| Research Institution | Chuo University |
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Principal Investigator |
MIYAMOTO Masaru Chuo University, Faculty of Policy Studies, Professor (40110085)
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| Co-Investigator(Kenkyū-buntansha) |
SHIMIZU Yoshimi Chuo University, Faculty of Policy Studies, Professor (10216111)
TSUTSUMI Kazumichi Chuo University, Faculty of Policy Studies, Professor (70256022)
MORI Masami Kyoto Bunkyo University, Faculty of Human Studies, Associate Professor (00298746)
石田 慎一郎 日本学術振興会(東京都立大学), 特別研究員(DC2)
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| Project Period (FY) |
2004 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥31,850,000 (Direct Cost: ¥24,500,000、Indirect Cost: ¥7,350,000)
Fiscal Year 2007: ¥8,190,000 (Direct Cost: ¥6,300,000、Indirect Cost: ¥1,890,000)
Fiscal Year 2006: ¥8,190,000 (Direct Cost: ¥6,300,000、Indirect Cost: ¥1,890,000)
Fiscal Year 2005: ¥8,190,000 (Direct Cost: ¥6,300,000、Indirect Cost: ¥1,890,000)
Fiscal Year 2004: ¥7,280,000 (Direct Cost: ¥5,600,000、Indirect Cost: ¥1,680,000)
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| Keywords | South-East Asia / EastAfrica / Conflict Management / Legal Pluralism / Legal Anthropology / Customary Law / Legal Culture / Legal Transplant / 多元的法秩序 / 原住民裁判所 / バランガイ法廷 / 国際研究者交流 / マレーシア:フィリピン:ブルネイ:ケニア / データベース / イスラーム裁判所 |
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| Research Abstract |
This research provides anthropological and socio-legal perspectives on the historical development of legal pluralism in South-East Asia and East Africa. The following five researchers have carried out intensive research on the cultural makeup of indigenous laws, the social backgrounds of grass-root conflict management, the various influences of transplanted laws upon legal cultures, the historical process of customary-law standardisation in the colonial and post-colonial legal systems, and other related issues. The present research report represents part of the results obtained from the four-year project.
Masaru Miyamoto's paper titled "Indigenous Law and Native Court in Sabah, Malaysia : A Case Study of the Penampang Kadazan" enquires into the nature of the Kadazan indigenous law, and examines the development of the Native Court in Sabah, focusing on the recent standardisation policy of the Native Court rules.
Yoshimi Shimizu's paper titled "Legal Culture in Brunei : With Special Refere
… More
nce to the Cases from a Malay Muslim Village" interprets the Brunei Malay legal culture, through observation of their preference to consensual and less adversarial means of dispute resolution.
Kazumichi Tsutsumi's paper titled "The Native Court System in Sabah : Distance from the National Law" compares the native law and the transplanted modern law, arguing that socio-cultural factors should seriously be taken in the administration of both substantive and procedural rules.
Masami Mori's paper titled "Multiple Legal Orders and a Case Study of Legal Practices in a Southern Palawan Society in the Philippines" clarifies the influence of cultural, ethnic and religious factors in the practices of conflict management in southern Palawan.
Shinichiro Ishida's paper titled "The Indigenous Law of the lgembe of Kenya : An Anthropological Study" illustrates the roles of various law agents including local elders, age-groups, ordinary people as well as official law court, and examines the connections of the formal legal systems to the grass roots. Less
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