アジア固有法の研究

スリランカ調査中間報告

抄録

Reported is an interim result of the field research conducted on the indigenous law of Sri Lanka mainly in the Summer season of 1982 by the grants from the Japanese government.
The original purpose of the research is to formulate a theoretical scheme to identify indigenous law in Asian countries functioning in interaction with received law: officially adopted into state law in traditional practices or reformulated rules, or disregarded by state law but with positive or negative influences upon the latter, among others, undermining effects. Sri Lanka was chosen as a first field to be intensively surveyed. The reason was that it is one of the best examples which received many foreign laws and reacted to them with their indigenous laws and that successful research was expected by reason of the relatively small size of the country, availability of English language, and readiness of people for cooperation to this project.
The report are presetented by Masaji Chiba on an introductory argument, Ryuji Okudaira on the influence of Indian culture in comparison with Burma, Takao Yamada on the ways of assimilation of Danish law and English law, Nobuyuki Yasuda on the transformation of English law particularly related to economic policies, Teruji Suzuki on the socialistic legistlation particularly under the Bandaranayake regime, Michio Yuasa on family and marriage law in general and Islamic law in particular, Hisashi Nakamura on the traditional practices of agricultural irrigation by the use of characteristic tanks, and Jinichi Okuyama on the investigation of the records of conflict management by a village head.
The final report is to be presented after supplementing further data and theoretical elaboration with four other members added from anthropology: Motoyoshi Omori, Fumi Nakamura, Yoshiko Taniguchi and Yoshio Sugimoto.