| 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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| 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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