Significance of the Project
This research will shed light on the dynamics involved in the creative processes by which various sets of norms are systematically integrated into a legal order through the agency law formation involved in “the creole of law.” For this purpose, it will bring together scholars from the fields of legal philosophy, the sociology of law, comparative law and legal history, and thus investigate linkages in law on a global scale. In this investigation, the following features and significance are conspicuous.
(1) It will construct a precise theoretical framework regarding the traditional problem of the relation between legal systems and legal cultures involved in the reception of law, from the viewpoint of a mutual fusion of law as mediated by the agency of various legal actors operating across national borders; which thus replaces the established typologies based on comparisons between states. (2) It will conduct comparisons and integrative analyses on this basis from a dynamic-agential perspective: it will elucidate by way of theoretical analysis in terms of both legal philosophy and the sociology of law the agency-related conditions of the dynamics involved in the systematization and mutual fusion of law, with simultaneously studying individual historical cases of agency law creation based on the empirical methods developed in legal history and the comparative study of law; which thus aims at a holistic interpretation whose reach is beyond simple comparisons between legal systems. (3) It will provide an archive and open-web sources: the materials and data collected by each contributor will be systematically arranged and an openly accessible database and website will be created. (4) This project will be characterized by multifacetedness: the process of encounter, penetration and metamorphosis of different legal cultures and the institutionalization of diverse norms is brought closer to reality when analyzed from the vantage point of individuals living under divergent legal and moral systems.
This project is devoted to deepening research by ensuring a multifaceted vision and to sustaining intellectual exchange with scholars from various fields.
