National Language, National History and Original Law : Formation and Development of National Self-Consciousness in the Law

点击翻译按钮获取中文摘要

This study aimed at clearing developments of the national self-consciousness by investigating meanings of original language, history and law in comparison between the West and Japan.There are many points discussed within this cooperate-study. Some important results are as follows. Concerning the ancient West, dual functions of the ancient Roman family, to exclude non-Romans and to integrate them, have been indicated. As regards the barbarian laws in the late antiquity and early middle ages, the trend of theories, which emphasize the Roman influences and the king's legislating power, has been pointed out, the effect of law to form the tribal group has been noticed and the problems of Latin language, almost only which is used in the barbarian laws, have been argued.As for historiography in medieval Germany, it has been confirmed that historical works were written not as the history of German state but as the history of Roman Empire. It has also been indicated that even in the historical writings of the late middle ages the "Germany"-images were few concerned with the constitution, mainly joined with affairs outside of Germany and various in every region. In the law-book "Sachsenspiegel" meanwhile, whose author seems to have had clear image of constitution as the system of law courts delegated from the king through the feudal relationship, the state was substantially limited to the German kingdom. This has been regarded as an example of relation between law and national self-consciousness.As for Japan, it has been pointed out that double confrontation, the study of Chinese classical literature versus the one of Japanese and the inquiring study versus the doctrinal study, influenced the shaping of Japanese national historiography in Meiji-era. This academic historiography was usually far from the national story, which assessed historical persons and affairs from the national point of view.