Professor Yasuo YAMANAKA was one of the famous sociologists in the early postwar period of Japan. His first book, "Civil Society and Civil Law, " (1947) appealed to young students.
In this essay, I examine his philosophical foundation for the concept of civil society and legal categories. According to Yamanaka, the objective legal order inherent in civil society develops in logical, historical, and dialectical form. In other words, legal categories, which he regards as legal institutions and understandings of law, develop dialectically under the influence of economic development.
The essay is divided into three unequal sections.
In section 1, I consider his attitude about Marxism.
In section 2, I consider his arguments concerning the way in which law is connected to civil society and the economy.
In section 3, I discuss his concept of legal categories from the real point of view and from the ideal point of view.
My conclusion is that he mingled Hegelianism and Kantianism and Marxism.
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