Universal Order, Particular State, and Region : Hoitorical Evolution of We-consciousness and Role of Law

在这项合作研究中，我们考虑了三个层面的连贯性，即“普遍秩序”、“特殊国家”和“区域”。我们在这些层面上研究了我们意识(共同归属意识)的产生和演化，并考察了法律在其中所起的作用。以下是从所有结果中摘取的几个结果。关于西方古代，探讨了古罗马国家的皇法和省法之间的关系。一方面肯定了“共同祖国的罗马”思想的高扬和帝国法律向整个地中海世界的传播，但另一方面也提出了地区和城市的特定法律的延续，因此两者之间存在着复杂的互动。至于西方中世纪，考察了9世纪和10世纪的帝国权力，并阐明了这一现象的历史背景，即德国的我们意识是与普世帝国的思想相联系的。关于中世纪德国法律体系中的核心概念之一“格雷”的概念，其在“萨克森镜子”中的本义及其后来的词义转换得到了肯定。至于西方现代，详细研究了普特在18世纪所描述的中世纪德国宪法的历史。确认了普遍的皇权和教皇权是不可或缺的要素，许多特定的国家并存的宪法形象，明确了不同凝聚力粘合下的德国我们意识的特征。在日本方面，考察了星海的法律比较与英德法理学思潮之间的关系，阐明了他是如何将日本法律置于世界法律体系及其发展之中的。

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.