一九七〇年代における西ドイツ法社会学方法論に関する一考察

Manfred Rehbinder の所説を中心として

抄録

Legal sociologists in our country have heatedly discussed the problem how, the sociology of law should be in Japan after the end of the war. In this sense, in my opinion, the history of development of sociology of law in Japan has been the history of controversy in which reason for being of sociology of law has been discussed.
With sociology of law in Japan at present in my mind, in this report, I'm going to present a key to establishment of the methodology of sociology of law Japanes legal sociologists have been groping blindly in the dark.
So I pay attention to contemporary sociology of law in West Germany, particularly in the 1970's, Japanese legal sociologists have hardly been concerned with. And then I wish to introduce and examine critically Manfred Rehbinder's theory and method of sociology of law. He is now one of the most important legal sociologists in West Germany and a professor of University at Zürich in Switzerland. He has laid a foundation of development and rise of sociology of law in West Germany together with Professor E. E. Hirsch, his teacher, and went deep into the study of Eugen Ehrlich's sociology of law for the first time in West Germany after the war and he is continuing his study.
In this way I try to make an approach to above-mentioned problem. This report is divided into the following chapters:
I. Introduction
II. The aspect of reestablishment and the present situation of sociology of law in West Germany until the 1970's
-a rough sketch-
III. Manfred Rehbinder's sociology of law
IV. Roland Giltler's criticism on the methodology of Manfred Rehbinder
V. Some comments and conclusion