The Process of Modernization of Law and Society in Japan and Europe : Historical Studies of Concepts and Social Relationship.

本项目旨在从比较的角度探讨日本和欧洲的法律与社会现代化进程。基本方法是对一些重要概念及其社会背景进行历史分析。王权在欧洲宪政史上的中心地位是通过古代后期国家有机理论的发展而确立的。这一理论在社会学上与王权和贵族之间的矛盾关系相一致。在中世纪后期，贵族组织成一个水平体，以捍卫自己的利益，对抗日益壮大的王权，同时它与城市和公民的关系非常复杂。赋税是国家的一项典型职能，它是从古代公民的活动中发展起来的，目的是向他们的同胞（evergetisme）展示他们的光荣地位。公元5世纪，收税制度崩溃，地租开始占据主导地位。直到近代早期，欧洲国家的中心活动仍然是司法管辖。在法律观念和正义观念上，中世纪的日本与欧洲存在着很大的差异。《萨克森明镜》中正义的基本形象是Landrecht法院，在概念上与上帝作为法官相对应。日本的司法活动倾向于类似于家庭中继承的习俗和正式行为（kojitsu）。日本现代社会的基础是在明治时代创造的。为了把握这个时代的宪法结构，重要的是抛弃封建主义的概念。为了理解欧洲的专制主义，使国家权力合法化的“头衔”概念是至关重要的。

The aim of this project is to explore the process of the modernization of law and society in Japan and Europe from comparative perspective. The basic method is historical analysis of some important concepts and their social background.The Kingship acquired its central position in the European constitutional history through the development of the organic theory of state during the later antiquity. This theory corresponds sociologically to an ambivalent relationship between kingship and nobility.The nobility organized itself in a horizontal body in order to defend its interests against the growing kingship in the later middle ages, while it had a very complicated relationship with cities and citizens.The taxation, a typical function of the state, developed from activities of the ancient citizens which aimed at displaying their honorable position toward their fellow-citizens (evergetisme). In the fifth century AD,the system to collect tax collapsed and the land rent began to predominate.The central activity of the European state remained jurisdictional until early modern age. In the concept of law and justice, there was a great difference between Japan and Europe in the Middle Ages. The basic image of justice in the "Sachsenspiegel" was the Court of Landrecht which corresponds conceptually to God as judge. The jurisdictional activity in Japan had a tendency to resemble the customary and formal deeds the knowledge of which was inherited in the families (kojitsu).The fundament of the modern society in Japan was created in the Meiji-era. It is important to discard the concept of feudalism in order to grasp the structure of the constitution of this age. For the understanding of the absolutism in Europe, the idea of "title" which served to legitimate the power of the state, is crucial.