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See Hozumi Yatsuka law thinking out from the civil law , Zhongxiao perish. \

Author: ZouZuoDan
Tutor: ZhangXiang
School: Fudan University
Course: World History
Keywords: Hotsumi yatsuka the theory of family-nation State Shinto Mito-han studies Savigny Laband Fustel de Coulanes
CLC: D093.13
Type: Master's thesis
Year: 2009
Downloads: 121
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Abstract


This thesis is planned to adopt the method of text-analysis in the microscopic view,through the interpretion of three representative articles written by Hotsumi yatsuka named "State of the Civil Code"," The civil law goes into effect;the layolty dies " and "the legal concept of family"and the analysis of its relationship with State Shinto during the Meji period;Mito-han studies;the representatives of historicalism school of law Savigny;the representatives positivism school of law Laband,the author "Ancient City" Fustel de Coulanes,in order to illustrate that the theory of family-nation hold by Hotsumi yatsuka,although still in its very nature relies on the traditional Shinto in Japan,by the impact of Confucianism in Japan,but it is basically in the form of the West,specifically in the research methods of historiclism school of law inherited by Savigny,in the idea of nation-legal entity inherited by Laband,and in the content of Fustel de Coulanes’s book "Ancient City".In conclusion,Hotsumi yatsuka tried to use the methodology and the analogy between history from the West and Japan to explain the theory of family-nation,as a result,his theory of family-nation is from west on its form,meanwhile originally Japanese in its essence.His theory of family-nation constitutes the legal principle of his another theory of "emperor- sovereignty",and reflects some kind of new interpretation of traditional doctrine.

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CLC: > Political, legal > Political Theory > History of Political Science,History of Political Thought
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