法の構築

趣旨説明と基調報告

抄録

The theme of "Construction of Law" has two major purposes, which are expected to serve to develop the new perspective of socio-legal studies.
Firstly, this theme aims at the integrate understanding of the reciprocal interaction between law and society. Law constructs social reality on the one hand; law is constructed in the society on the other hand. By setting the theme of "Construction of Law", we try to understand and to explain this reciprocal construction process of law and society from an integrated perspective. Furthermore, deconstruction of law will be also achieved under this theme. By tracing the process of formation of the existing law historically and interpretatively, the contingency of the existing law will be revealed and the alternative view of law and society will be developed.
Secondly, the socio-legal approach to the concept of "Rule of Law" is aimed at. Since 1990s the Japanese Government has proposed various reforms of existing social system in Japan and justified these reforms by insisting of the establishment of "Rule of Law" in Japanese society. But what sort of "Rule of Law"? Which law rules the society, and how? "Rule of Law" doesn't always mean a unity and coherence concept of social ordering, but rather contested concept. By focusing reciprocal construction process of law and society, we attempt to analyze various aspects of "Rule of Law" from socio-legal perspective and to enrich our ability to design the Japanese society and social life.