Research Objective

This project seeks to explain legal phenomena understood so far in terms of the “reception of law” in a new way; which conceives of them as elements in the global process of mutual transformation in divergent legal systems. It aims at developing a new field of legal study to be called “the creole of law.” This “creole of law”, in the sense of a mutual fusion of legal systems, is meant to indicate the following. (1) There exists a cumulative process starting with an initial “encounter” between different legal cultures from various regions of the world or different epochs in history, leading to the “penetration” of this newly encountered law into each of these societies, its further “metamorphosis”, and finally new encounters again. (2) In considering the individual mechanisms involved in the integration of law into a new legal order by way of this process of encounter, penetration, and metamorphosis, the incessant law-formation agency of the various legal actors will constitute the main focus of research. (3) An integrated model to describe the multi-dimensional interaction between the transformations of legal culture and the dynamics of legal systems will be developed, in addition to the provision of a link archive and open web sources.

The focus of the investigation regarding the law-making agency is to be placed in the following four dimensions:

  1. the value dimension: logical analysis and synthesis of the various legal values involved.
  2. the action dimension: concrete manifestations of the resulting legal phenomena in the actions of individuals and the behavior of groups.
  3. the intellectual-institutional dimension: manifestations of such legal formations in the legal notions and institutions of various societies, in periods when legal systems undergo epoch-making historical transformations, generated by the ideas and actions of the various agents involved.
  4. the integrative dimension: the dimension in which “the creole and agency law formation” are spatially and temporally woven together into an integrated whole.

The present research will consider these dimensions with feedbacks, and will conduct its analyses from the vantage point of a dynamic comparative approach.

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