The Basic Theoretical Study Of The Sociology Of Law In Japan After The War

The research of sociology of law in the United States,France and Germany had been attracted by Chinese jurisprudential scholars for a long time.However,we have little research results on legal sociology in Japan.There was not thorough,not comprehensive,not depend on new information,and disconnected with the whole academic context on the previous research in China.Japanese legal sociology began before WWII.Although the sociology of law that in Prewar Japan and in Postwar Japan had different problem consciousness and social background,some of its theories and ways of thinking still had a profound influence on post-war legal sociology.From 1945 to the 1970 s,it can be regarded as the revival period of Japanese legal sociology.The tension between Japanese society and law in the early postwar period made "criticizing semi-feudal Japan and Japanese militarism" and "understanding and reforming the society in the new era" become the two major themes of Japanese legal sociology.In this period,the basic problems of Japanese legal sociology were paid attention to and clarified,and the theoretical system structure of legal sociology was relatively mature.From 1970 s to 1990 s,it can be regarded as the systematic period of Japanese legal sociology.During this period,the accumulation of theory of law sociology since WWII in Japan had been fully summarized and inherited and systematized.However,with the change of society,problems accomplished with Japanese legal sociology realized systematization.From 1990 s to today,it can be regarded as the reconstruction period of Japanese legal sociology.During this period,the two most important characteristics of Japanese sociology of law was that the researchers of sociology of law had diversified,specialized and microscopic academic subjects,in danger of losing their common research basis.In addition,the theory of law sociology which dominated in the past had been criticized comprehensively and profoundly,and the research paradigm was more diversified.The general theory in the basic theory of Japanese sociology of law includes the problem consciousness,the basic understanding of the research subject(law),discipline problems,methodology and research techniques,which are the foundation of the Japanese legal sociology.A better understanding can be gained on the context of other theories of Japanese legal sociology by deepening our understanding of these issues.The development of the basic theory of Japanese law sociology focused on abstract and macroscopic topics,and on theoretical theory rather than normative theory or empirical theory.These theories can be divided into two categories,one is the basic theory of law and society,the other is the basic theory of law process.Among the basic theories of law and society,the important topics include the theory of civil society and modernization,the study of law consciousness and law culture,and the sociology of law in regional society.Among the basic theories of the process of law,the important topics include the basic theories of disputes and judgments,and the reform of the hermeneutic theory of law.Under the influence of the great changes in the social and historical background and the structural transformation of the academic field,the basic theories of the sociology of postwar law in Japan also underwent three profound changes,and the mainstream theories in each stage showed highly logical,self-consistent and systematic characteristics in the basic standpoint and methodology.This allows the basic theory to play a reliable and fundamental role in the discipline at each stage.The comparative study of academic history between Chinese and Japanese sociology of law is interesting and valuable,which can provide a mirror for the development stage and direction of Chinese sociology of law,help us to clarify the relationship between Chinese sociology of law and other disciplines,and open up the disciplinary significance and function of Chinese sociology of law in the historical context.