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ID 44864
file
title alternative
Historical Analysis of the Theory of Illegality (1)
creator
NDC
Law
abstract
In Japan, the theory of illegality was incorporated into tort law and substantive criminal law, following the German legal system. In this paper, we attempt to answer the following questions: What role does the theory of illegality play in the Japanese legal system? Why is the theory of illegality not sufficient to analyse each justification or defence? To answer these questions, we historically analyse the theory of illegality. This paper presents the first part of the analysis. It sheds light on unlawful conduct and the justifications used up to the medieval period, before torts and crimes were clearly divided. The next part of the analysis, presented in another paper, will attempt to illustrate the practical significance of the theory of illegality.
journal title
The Hiroshima Law Journal
volume
Volume 41
issue
Issue 3
start page
183
end page
202
date of issued
2018-01-25
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる。
department
Graduate School of Social Sciences
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