| Project/Area Number |
16330001
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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 Hokkaido University, Graduate School of Law, Professor, 大学院法学研究科, 教授 (20206931)
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| Co-Investigator(Kenkyū-buntansha) |
ISHIKAWA Takeshi Hokkaido University, Professor Emeritus, 大学院法学研究科, 名誉教授 (20000648)
YAMADA Kingo Hitotsubashi University, Professor Emeritus, 名誉教授 (70017523)
ISHIBE Masasuke Osaka International University, Department of Politics, Economics and Law, Professor, 法政経学部, 教授 (90046970)
MURAKAMI Jun'ichi Toin University of Yokohama, Faculty of Law, Professor, 法学部, 教授 (80009795)
ISHII Shiro The University of Tokyo, Professor Emeritus, 名誉教授 (00009797)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥10,500,000 (Direct Cost: ¥10,500,000)
Fiscal Year 2006: ¥2,500,000 (Direct Cost: ¥2,500,000)
Fiscal Year 2005: ¥4,200,000 (Direct Cost: ¥4,200,000)
Fiscal Year 2004: ¥3,800,000 (Direct Cost: ¥3,800,000)
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| Keywords | Law / Constitution / Integration / Sources / Culture / Comparison / Germany / Japan / ローマ帝国 / 勅法 / 国王裁判 / 法学入門 / 法曹育成 / 歴史法学 / 日記 / ラントフリーデ / 民事訴訟 / 中世 / システム / フェーデ / 国家法 / 世界法 / 宮廷 / 中間的諸権力 / 中世法学 / 国際情報交換 / ドイツ:フランス |
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| Research Abstract |
This research studied the integrating functions of law in the history of Europe and Japan. We gave attention mainly not to the substances of law, but to its forms in a broad sense, the forms, in which laws are expressed. The methods of the studies about the historical materials and the cultural history were also considered.
The significance of the documents for rule and integration in the early medieval Italy, the relationship of the "Landrecht" and "Lehnrecht" in the Sachsenspiegel's concept of the constitution, the arrangement and integration by the Institutiones-system in the medieval and early modern legal literatures and the political-legal integration in medieval Kyoto were made clear in relation to the studies about the historical materials. The image of state of the medieval Germans, the trials before the German kings in the high middle ages and the feuds of the German nobles in the later middle ages were inquired with attention to the studies of the cultural history.
The imperial rescripts about the donation in the later Roman empire, the typs of the law in the early modern German territorial city and the legal education at the early modern German universities were treated as the forms of law at the turning points in history. Niklas Luhmann's thesis about inclusion and exclusion was nearly studied as the meaning of integration in the contemporary world and the Japanese characteristics of integration were also inquired dealing with the official and semi-official historiographies from ancient to modern Japan.
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