「日本的法意識」の歴史的基礎

DOI Web Site

書誌事項

タイトル別名
  • Historical Foundations of the Japanese Law-consciousness
  • ニホンテキホウ イシキ ノ レキシテキ キソ

この論文をさがす

抄録

The Japanese "law-consciousness" has been a very important subject in the modern sociology of law in Japan, because a serious contradiction has been found between the actual law-consciousness and the ideal one which was assumed when Japanese positive law was enacted according to the models of Europe and the United States since Meiji era.<br>This article intends to explore the origin of the Japanese law-consciousness. It has been argued that the law-consciousness is closely related to the retarded modernization. However, it should be reexamined, because the consciousness is still existent, despite the fact that Japanese society has been modernized for many years. My argument is that the Japanese law-consciousness was created in the Edo era and was not easily changed. The consciousness conformed to the positive law of Tokugawa Japan, and the latter had a peculiar character that was also different from that of premodern Europe as the origin of both modern positive law and modern law-consciousness.

収録刊行物

  • 法社会学

    法社会学 1983 (35), 34-47,247, 1983

    日本法社会学会

詳細情報 詳細情報について

問題の指摘

ページトップへ