| [no.34] Waseda University Institute of Comparative
Law (ed.), Japanese Legal Studies in Comparative and Historical Context: It's
Perspective of Comparative Law, 2008 |
| Item |
Title |
Author |
pages |
| [Preface] |
Preface |
Michiatsu Kaino |
i-ii |
| [Editor's Introduction] |
A Comment on "Japanese Legal Studies in Comparative and
Historical Context: Its Perspective of Comparative Law |
Michiatsu Kaino |
1-18 |
| PART 1: The Present Day and the Place of Japanese
Legal Studies |
1. The Role of Comparative Law in the Research of European
Law |
Masao Ohki |
21-48 |
| Comment: EU Laws and the Comparative-Law Studies |
Hideo Sasakura |
49-53 |
| 2. Contemporary Law and Roman Law: On the Subject of Specification
and Warranty |
Kozo Ogawa |
54-76 |
| Comment: "Specification" in Roman Law |
Toshihiko Harada |
77-84 |
| Comment: Question from Roman Jurisprudence |
Yasuhiro Fujioka |
85-90 |
| 3. PECL and German Obligation Law |
Yoshio Shiomi |
91-120 |
| Comment: Comparative Perspective on the Reform of German Law
of Obligation |
Katsuichi Uchida |
121-126 |
| 4. A Method of Asian Law Research and Law and Development Studies
---Three Legal Principles, Societies and Developments, and Three Layered Structure
of Law |
Nobuyuki Yasuda |
127-166 |
| Comment: A Study on Asian Law and Law & Development |
Makoto Ishida |
167-169 |
| 5. Social System and Democracy: A Historical Approach |
Isamu Fujita |
170-200 |
| Comment: Reform and Revolution under the 20th Century's Socialsm |
Hiromichi Hayakawa |
201-205 |
| PART 2: Internal and External Image of Japanese
Law |
6. Japanese Law through the Eyes of American Legal Scholars |
Koichiro Fujikura |
209-240 |
| Comment: American Scholars of Japanese Law in the Tradition
of the American Higher Education |
Shigeo Miyagawa |
241-245 |
| 7. Comparative Constitutional Law and "Fundamental Concepts
of Constitutional Law" ---on the Legal Concept of the State as "the
Owner of the Sovereignty" of Minobe and of Miyazawa |
Yasuo Sugihara |
246-275 |
| Comment: The Significance of the Historical Studies and the
Legal Concept of the State as "the Owner of the Sovereignty" in the
Constitutional Theory of Sugihara |
Koji Tonami |
276-286 |
| 8. Studies of Civil Law in Japan: German and French Influences? |
Eiichi Hoshino |
287-313 |
| Comment: The Trend of the Thories in the Japanese Civil Law
Studies in the Waves of Globalization |
Kaoru Kamata |
314-317 |
| 9. The Development and Reforms of the Code of Criminal Procedure
in Japan from the Standpoint of Comparative Law |
Koya Matsuo |
318-333 |
| Comment: Concering Variations of the Concept of "Truth-Finding" in
the Criminal Procedure |
Morikazu Taguchi |
334-337 |
| PART 3: Theoretical Trends of Comparative Law |
10. Reading "Inclusion and Exclusion" of Niklas Luhman |
Junichi Murakami |
341-371 |
| Comment: Structural Coupling between Social System and Individual |
Yoshiki Kurumisawa |
372-380 |
| 11. Minority and Civil Law ---toward the Redefinition of "Civil" |
Atsushi Omura |
381-409 |
| Comment: Two Key Words in Omura Report |
Akio Yamanome |
410-415 |
| 12. Reinterpreting the Public-Private Dichotomy in the Civil
Law Theory |
Katsumi Yoshida |
416-459 |
| Comment: Reflections on the Position of Public Welfare in the
Private Law System |
Akio Yamanome |
460-468 |
| 13. Wat's the Real Understanding of Foreign Legal System in
the Field of Corporation Law and Capital Market Regulation |
Tatsuo Uemura |
469-491 |
| Comment: The Features of Uemura Corporation Law Study |
Yasuhiro Osaki |
492-494 |
| Part 4: Comparative Law and the Modernity: Japanese
Perspective |
14. "Western Legal System" in Comparative Study:
An Attempt at the Particular of Comparative Legal Culturology |
Taiichiro Ohe |
497-536 |
| Comment: Some Remarks on the Occidental Characteristics in
the History of Legal Culture |
Hideo Sasakura |
537-544 |
| 15. Situating Japanese Modern Land Law in Comparative Legal
History |
Takeshi Mizubayashi |
545-564 |
| Comment: Land Ownership under the Civilized Traditional
China |
Hikota Koguchi |
565-568 |
| Comment: Between Feudal Society and Capitalistic Society |
Yoshiki Kurumisawa |
569-575 |
| 16. "Law" without "Rules" ---Another Concept
Concerning Traditional Chinese Law |
Hiroaki Terada |
576-602 |
| Comment: On the Concept of Chinese Law as Law without Rule |
Hikota Koguchi |
603-606 |
| 17. The Rule of Law in the Contemporary Japanese Society |
Tatsuo Inoue |
607-638 |
| Comment: Toward a Liberal Democracy Based on Deliberation |
Norikazu Kawagishi |
639-649 |
