<論説>ボイテルの実験法学について : 法社会学的視角よりの一考察
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概要
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This article will be the continuation of my "Sociology of Law in America" (1958) which was compiled into "Kikan Horitsugaku (The Quarterly Law Review)" No.26. On the former article, I did not refer to Experimental Jurisprudence in America. But in so far as we think of "Sociology of Law" as a consideration of law in relation to society, we are obliged to study Experimental Jurisprudence as an approach to Sociology of Law, especially as the one to Modern Realism. In that sence Part I of this article is a trying to study Beutel's Experimental Jurisprudence on the basis of American history and society in the current of Sociology in America. In Part II, I try to describe the theoretical method of his Experimental Jurisprudence, relating to the problem whether the scientific method can be used in Jurisprudence. Moreover, in Part III, I try to explain the Experimental Pilot Study from the aspect of present application of his method. Lastly, in Part IV, from the standpoint of Sociology of Law in Japan, I discuss how to evaluate Beutel's Experimental Jurisprudence. In the conclusion, I emphasize the importance of the study and the adoption, not in its integrity but with some modifications, of Beutel's Experimental Jurisprudence as applied to legal problems into our Sociology of Law. Therefore, this article comprises the following chapters : I. Beutel's Experimental Jurisprudence and its historical and social background. II. Beutel's scientific method on his Experimental Jurisprudence. III. Beutel's Experimental Pilot Study, especially on Traffic Problem. IV. Some criticism on Beutel's Experimental Jurisprudence and its contribution to Sociology of Law in Japan.
- 関西学院大学の論文
- 1959-11-20
関西学院大学 | 論文
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