Concluded Laboratory 2014/03/31
Director : Tatsuo UEMURA
Professor,Faculty of Law
Aiming for a comprehensive restructuring of the comparative law research base as a global core research institute
Overview of research
While economic globalization is believed to be flourishing, there are domestic laws within each country to control the phenomenon. Although such laws are not global, the effects brought on by legal failures can have global repercussions, and furthermore, often have the greatest impact on the weakest citizens in the respective countries. Even when stock prices recover, unemployment rates increase. If globalization ends in failure, each country will simply focus on staying ahead of the competition in a single-minded pursuit of its own interests. Issues relating to economic crises are all legal issues. In order to get an accurate grasp of these problems, it is necessary for all countries to take the common stance of engaging in the modest research method of conducting comparative analyses of laws in the respective countries.
There are few countries in the world that have placed such great importance on comparative jurisprudence as Japan has. This research sees Japan, a country that was virtually built upon comparative jurisprudence, exert its strengths to the utmost. Rather than conducting surface comparisons of articles, we aim to pursue comparative law research based on essential theoretical research that traces the essence and history of each society, enrich the field of traditional basic legal research, and establish a perspective that can be applied to the most advanced problems in the world. With respect to support for the development of legal systems in developing countries that not only lack basic legal systems, but also operate under tough financial and capitalist doctrines, such a perspective in turn helps to establish standpoints that attempt to provide a legal evaluation axis that truly takes the position of developing countries. Japan has taken more than a hundred years to arm itself with knowledge in American and European jurisprudence in its own language, and comparative jurisprudence has become a settled habit in the country; Japan is therefore all the more equipped to develop such knowledge.
It would be appropriate to say that this problem is representative of Japanese culture. The aims of this research are to identify the ways Japan runs as a country, and to establish a comparative jurisprudence research institute that can genuinely gain the trust of countries around the world. While the Global COE program at the Graduate School of Law has built up awareness of these issues through its research process, the potential of development for this theme is extremely high, and cannot be contained within the boundaries of the Global COE program. As such, we hope to conduct research activities on the augmented scale of a University-wide research initiative, and position ourselves as a research institution representative of Japan in the future. We aim to extend the network of cooperation with affiliated organizations around the world, and will work steadily to carry out large-scale research exchanges.
Japan’s stance plays an important role in shaping opinions in Japan and in the world, and thus has the potential to win over the trust of other countries in the Asia region. By boldly pointing out the important issues that have been forgotten by the American and European worlds with the overconfidence they have gained through experience, the Japanese model, by contrary, may be able to provide clues to the Western world on the original ideals and methods that underlie their model. Furthermore, these ideas may contribute to significant advancement—in terms of content—in the various fields of jurisprudence in Japan.
Tatsuo UEMURA (Professor, Faculty of Law)
Michitaro URAKAWA (Professor, Faculty of Law)
Koji OHMI (Professor, Faculty of Law)
Tetsuo KATO (Professor, Faculty of Law)