論宮崎道三郎的東洋法制史研究

Comment on the Research on Oriental Legal History by Michisaburo Miyazaki

宮崎道三郎是日本近代法制史學科的開創者，主要研究領域是日本法制史與比較法。他對於東洋法制史的研究可分為前後兩個階段，第一階段以日、中法制的比較研究為主，第二階段則嘗試用東洋語言的比較研究，來切入日本法制史學。研究方法的轉變，導致了研究對象、問題意識的變化。只不過，他的學風並未因此發生改變，作為留學德國的法學家，社會科學的訓練融於他的行文運思，並未表現在套用現代西方的法學概念、依據現代西方的法律體系去解構古代法制的手法上。他是日本漢學與國學傳統的繼承者。

Dr. Michisaburo Miyazaki is the pioneer in the field of legal history in modern Japan, whose main research is Japanese legal history and comparative law. There are two stages in his study on oriental legal history. He mainly compares the Japanese legal institution with the Chinese in the first stage, and tries to do the research on Japanese legal history through the comparative East-Asian linguistics in the second one. This change in his research method has led to changes in the object of studies and the problem consciousness. However, his style of study has not changed. As a jurist who has studied in Germany, his thinking may be influenced by the training of modern social science. But he does not apply modern legal concepts and the modern legal system from the West mechanically to the ancient legal institution in the East. He is a successor of the tradition created by the Japanese Sinology and the research on Japanese ancient civilization.