2002 Fiscal Year Final Research Report Summary
The Function and Meaning of Paradigm Theory in Jurisprudence
| Project/Area Number |
12620040
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
IKEDA Seiji Hokkaido University ; School of Law : Professor, 大学院・法学研究科, 教授 (20212772)
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| Project Period (FY) |
2000 – 2002
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| Keywords | Paradigm / Assignment / receivable / Caontractual limitation / attachment / set-off / パラダイム |
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| Research Abstract |
The objective of this study was to excamine such basic matter of the structure of theory as it exists within jurisprudence and, in addition, to study the process of how theory develops in the area of jurisprudence. For this purpose, as an analytical tool, paradigm theory, a tool of the philosophy of science, was used. In addition, as the material to be analyzed, a classic question encountered in the field of jurisprudence was selected and subjected to concrete analysis.
The matter investigated in the most detail, as a part of this study, was the question of "assignment of receivables and contractual limitations on assignment", a question that arises out of the question of "assignment of receivables and attachment". In this connection, the process of the development of theory and related legal dispute up to the present concerning the legal effect of contractual limitations on assignment were examined along with the background of classic comprehension of this question and the causes for changes in later eras. The related question of set-offs was also examined.
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Research Products
(6 results)
