2012 Fiscal Year Final Research Report
Reexamining the starting points of the juristic methodology inJapan and Germany after the World War II
| Project/Area Number |
23830117
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Matsuyama University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2012
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| Keywords | 法律学方法論 / 評価法学 / ヴェスターマン / 悪法論議 / 法解釈論争 / 来栖三郎 / 牧野英一 |
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| Research Abstract |
This study has suggested that the juristic methodologies both in Japan and Germany after the World War II had started from the report or the rector’s speech which were held on November, 1953. And paying attention to their contents and backgrounds which are not fully explained by previous study, I have set up the viewpoint and the problems to consider the juristic methodology in the early postwar period. Furthermore, based on this viewpoint, I also tried to study the theories and discussions during prewar period and wartime and the situations of the juristic methodology nowadays, and deepen my consideration.
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