"Forms" and Integrating Functions of Law in the West and Japan Comparative Study in Consideration of Studies about Historical Materials and Cultural History

本研究考察了法律在欧洲和日本历史上的整合作用。我们主要关注的不是法律的实质，而是广义上的法律形式，即法律表达的形式。并对史料与文化史的研究方法进行了探讨，结合史料的研究，明确了中世纪早期意大利的统治与融合文献的意义，萨切森斯皮格尔宪法概念中“国家”与“莱纳雷希特”的关系，中世纪及近代法律文献中的制度安排与整合，以及中世纪京都的政法一体化。对中世纪德国人的国家形象、中世纪晚期对德国国王的审判、中世纪晚期德国贵族的争斗等问题，从文化史的角度进行了考察，并将罗马帝国晚期的捐赠、德国早期领土城市的法律类型以及德国早期大学的法律教育作为历史转折点上的法律形式。从古代到现代的日本官方史学和半官方史学研究了卢曼关于包容与排斥的命题，对融合在当代世界的意义以及日本融合的特点进行了探讨。

This research studied the integrating functions of law in the history of Europe and Japan. We gave attention mainly not to the substances of law, but to its forms in a broad sense, the forms, in which laws are expressed. The methods of the studies about the historical materials and the cultural history were also considered.The significance of the documents for rule and integration in the early medieval Italy, the relationship of the "Landrecht" and "Lehnrecht" in the Sachsenspiegel's concept of the constitution, the arrangement and integration by the Institutiones-system in the medieval and early modern legal literatures and the political-legal integration in medieval Kyoto were made clear in relation to the studies about the historical materials. The image of state of the medieval Germans, the trials before the German kings in the high middle ages and the feuds of the German nobles in the later middle ages were inquired with attention to the studies of the cultural history.The imperial rescripts about the donation in the later Roman empire, the typs of the law in the early modern German territorial city and the legal education at the early modern German universities were treated as the forms of law at the turning points in history. Niklas Luhmann's thesis about inclusion and exclusion was nearly studied as the meaning of integration in the contemporary world and the Japanese characteristics of integration were also inquired dealing with the official and semi-official historiographies from ancient to modern Japan.