法解釈学と法社会学

抄録

It may be proposed that Ho-kaishaku-gaku (Rechtsdogmatik, the interpretative studies of law) is to be an object of the sociological studies of law. In other words, various activities of those scholars who engage in Ho-kaishaku-gaku, namely, their methodological propositions regarding interpretation in general or case study in general and their practical proposals of interpretation as to particular problems or their remarks on specific cases, should be an object of the legal sociological observation and analysis either in the respective areas of positive law (e.g., constitutional law, administrative law, civil law, commercial law, civil procedure law, criminal law, criminal procedure law and so forth) or in a comprehensive manner subsuming various specific fields of positive law. Moreover, it may also be proposed that the Shihoshiken examiners (testers handling the second phase of the uniform National Law Examination), appointed as qualified experts of Ho-kaishaku-gaku, is to be a target of such observation and analysis as from the viewpoint of sociology of law in respect of their consciousness and specific practices.
When one looks at Ho-kaishaku-gaku as an object of the sociological studies of law, it seems that many interesting issues may rise to the surface. Studies on such issues will not only generate important works within the field of sociology of law but may be able to revive Ho-kaishaku-gaku in Japan.