(Last Updated :13 / August / 2009)

Subject

Theoretical and practical issues facing comparative law research in the new millennium

Term 2008-
The Institute of Comparative Law has launched a new research project under the above title in collaboration with the Center of Excellence – Waseda Institute for Corporation Law and Society (fundamental law group). In the past, the Institute of Comparative Law has pursued the identity of Japanese law, or in other words, self-validation of Japanese law in international context, which, one can argue, per se are a product of comparative law. This research is intended to be developed as a continuation of this past research by the Institute.

Purpose of this new project

As the development of European Union progresses, comparative law that was originated in Europe is now entering into a new dimension seeking a framework that goes beyond the traditional "civil law - common law" comparison. At the same time, the basic framework of civil codes and other modern codes in the member states of EU are also changing through legal practices in the entire Europe and legislative and judicial process of EU. In the former Eastern Europe countries, transition to the market economy and implementation of laws aiming towards EU accession are in progress, and some are even discussing about resurgence of laws hidden in the layer of history. With this progress, study of comparative law and its history is becoming more active than ever in search of universalization of law at the European level and for historic discovery of basic legal ideas that goes back to the root of Roman law and "ius commune." In doing so, theoretical and practical conflict between the purposes of unification and harmonization of law arises: is it for the realization of effective global economy, or for realization of social fairness among people and ideology of civil society? Although "Europeanization" of law in the countries where the model of Japanese law came from is not irrelevant, Japanese is not yet facing the situation on par with the renaissance of comparative law that is taking place in Europe. However, in Asian countries that are transforming to the market economy, transplant of Japanese law through the projects to support the development of legal system is in progress. In addition, as presented in the international symposium celebrating 50th year of the Institute of Comparative Law under the title of "The Path of Pandekten" held in December 2007, we are now aware of the importance of conducting a study on basic concept of private law with legal scholars in eastern Asia on an equal footing. This project aims to study the meaning and role of comparative law in the modern situation, to reposition comparative law as an academic field that pursues legal philosophy and principles beyond national boundaries, and to promote international cooperative relations. In this project, we will verify the status of comparative law from professional perspectives through a series of lectures on the research subject. As part of this project, we are planning to hold an international symposium under the title of "New Era of Comparative Law: Challenging for Civil Society and Harmonization of Law (provisional title)."

Lecture Series

No.6 …
Date: Monday, 9 October 2009, 18:00 to 20:00
Subject: European Civil Code
Lecturer: Prof. MATUOKA Hisakazu (Kyoto University)
Commentator: Prof. KATO Masanobu(Sophia Law School)
Coordinator:Prof. KAMATA Kaoru(Research Staff, Faculty of Law)
Venue: Ono Auditorium, Bldg.27, Waseda Campus, Waseda University
Language: Japanese
No.5
Date: Friday, 24 July 2009, 18:00 to 20:00
Subject: Comparative Law and Roman Law of Prof. R. Zimmermann
Lecturer: Prof. OGAWA Koji (Toin Yokohama University)
Commentator: Emeritus Prof. FUJIOKA Yasuhiro(Waseda University)
Coordinator:Prof. KAINO Michiatsu(Research Staff, Waseda Law School)
Venue: Ono Auditorium, Bldg.27, Waseda Campus, Waseda University
Language: Japanese
No.4
Date: Monday, 22 June 2009, 18:00 to 20:00
Subject: Poverty and Discrimination as Constitutional Matters: Impact of Social Integration Theories on Understanding of Rights to Dignified Existence and to Personal Autonomy
Lecturer: Prof. NISHIHARA Hiroshi (Research Staff, Waseda University)
Commentator: Prof. KIKUCHI Yoshimi(Research Staff, Faculty of Law)
Coordinator:Prof. SASAKURA Hideo(Research Staff, Waseda Law School)
Venue: Conference Room 1 (5th Floor), Bldg.9, Waseda Campus, Waseda University
Language: Japanese
No.3
Date: Friday, 29 May 2009, 18:00 to 20:00
Subject: A Thought on Agricultural Land Law System in the 21st Century and Land Ownership: From Comparative Perspective of French Law
Lecturer: Prof. HARADA Sumitaka (Chuo Law School)
Commentator: Prof. KURUMIZAWA Yoshiki(Research Staff, Faculty of Law)
Venue: Conference Room 1 (5th Floor), Bldg.9, Waseda Campus, Waseda University
Language: Japanese
No.2
Date: Wednesday, 22 April 2009, 18:00 to 20:00
Subject: "Phases" and "Forms" in Comparison -Revisiting Shuich Kato-
Lecturer: Former Prof. HIGUCHI Yoichi (Faculty of Law, Waseda University)
Commentator: Prof. KAINO Michiatsu (Research Staff, Waseda University Faculty of Law, Waseda Law School)
Coordinator: Prof. HAYAKAWA Hiromichi (Director, Institute of Comparative Law, Waseda University)
Venue: Ono Auditorium, Bldg.27, Waseda Campus, Waseda University
Language: Japanese
No.1
Date: Thursday, 18 December 2008, 18:00 to 20:00
Subject: Comparative Law in the New Century : Development of a Multilingual Translation Dictionary of Law as a Basis of Comparative Law
Lecturer: Prof. Yoshiharu　Matsuura (Nagoya University, Graduate school of Law)
Commentator: Prof. Hideo Sasakura (Research Staff, Faculty of Law Waseda University, Waseda Law School)
Coordinator: Prof. Hiromichi Hayakawa (Research Staff,  Faculty of Law Waseda University)
Venue: Conference Room 305, Bldg.8, Waseda Campus, Waseda University
Language: Japanese