Role of Private Law in France

Author: Tanaka Hideo
Publisher:
Publish Date: 2006-05-01
Features: The series aims to introduce and publish classic works in civil and commercial law from abroad, grasp the international frontiers of civil and commercial law development, and address practical issues in the theoretical research and practical development of civil and commercial law in China. The series seeks to broaden knowledge, examine foreign perspectives, and inspire scholars, without being confined to narrow views or rigid boundaries, but rather adopting an open mindset to include various important works. The series is also reluctant to be bound by the label of "classic" and ignore works that are useful to us. We hope that scholars can join in the endeavor of civil and commercial law translation. – Preface to the Series of Translated Classics in Civil and Commercial Law
In Japan and the United States, whether it is society's perception of law or law's impact on society, there are significant differences between the two countries. If we delve into the reasons, they ultimately boil down to major issues such as the formation of society and the state. However, as a first step, it is necessary to conduct a detailed and in-depth study of the inherent differences in the legal systems of the two countries. To achieve this goal, we have determined the starting point for our comparative study of the legal systems of Japan and the United States as the role of private individuals in the realization of law, specifically to what extent private individuals expect and actively exercise their own rights to promote the realization of the law's purpose. This paper is the result of our horizontal research on several specific systems in Japan and the United States. – Tanaka Hideo and Takemiya Akira, 1997
The author and translator happened to visit Japan and obtained this book. Impressed by the ideas in the book, they decided to introduce it to domestic readers. At that time, the two authors had already passed away. Through the recommendation of lawyer Takahashi Fusae, they visited Mrs. Tanaka and Mrs. Takemiya, who readily agreed to serialize the book in the series of Civil and Commercial Law Studies before publishing it in full. Due to the translator's heavy workload, the translation was intermittent. Part of the translation was published in Volume 10 of the Civil and Commercial Law Studies, and the later part was published in Volume 32. It took eight years in total, far beyond initial expectations. The translator has now carefully revised and finalized the entire translation, which is being published by the Law Press to fulfill the promise to the authors' widows and allow domestic readers to see the complete work. – Liang Huixing
This is a renowned work in Japanese legal studies, representing the significant achievements of Professors Tanaka Hideo and Takemiya Akira in comparing the legal systems of Japan and the United States from the perspectives of Anglo-American law and civil and commercial law. Through this classic work, which has attracted attention from civil law scholars both domestically and internationally, as well as the broader legal community, we can see a research path that extends from specific systems to legal principles, and a thinking path that gradually moves from the institutions of a specific legal field to legal thought, and further to legal sociology, legal political science, legal anthropology, and legal philosophy. This book is revered as a classic, contributing significantly to the advancement of human legal studies as an important achievement of modern Japanese civil law research. – Editor's Note
This is a renowned work in Japanese legal studies, representing the significant achievements of Professors Tanaka Hideo and Takemiya Akira in comparing the legal systems of Japan and the United States from the perspectives of Anglo-American law and civil and commercial law. Through this classic work, which has attracted attention from civil law scholars both domestically and internationally, as well as the broader legal community, we can see a research path that extends from specific systems to legal principles, and a thinking path that gradually moves from the institutions of a specific legal field to legal thought, and further to legal sociology, legal political science, legal anthropology, and legal philosophy. This book is revered as a classic, contributing significantly to the advancement of human legal studies as an important achievement of modern Japanese civil law research.