| Mariko Igimi | Last modified date：2024.02.03 |
Professor /
Fundamental Legal Science /
Department of Fundamental Legal Science /
Faculty of Law
Presentations
| 1. | Mariko Igimi, ius / lex for Comparative Analysis of Current Law, Societe International de Droit de l'Antiquite, 2023.08, Notably, ius as well as lex have been used in wide variety of meanings throughout our legal history. Just to mention a few examples, ius, defined as "ars boni et aequi" by Celsus, could mean the law of jurists, natural law, etc., while lex were imperial statutes, positives Recht, or just terms of conditions in contracts. According to legal tradition in East Asia, however, the "law" was mainly lex, namely written ~material~ lex. In this presentation, analysis of some topics in current law would be tried applying the dichotomy of ius / lex. The topics may include "rule of law" in China, "fundamental human rights" in Japan, "tort law" in Nepal. . |
| 2. | The presentation aimed to demonstrate that the issues related to families and work environments such as domestic violence, child abuse, KARO-SHI, high poverty rate of one-parent families, have its roots in the development of family law from Edo period until today and to compare it with familia in ancient Rome. . |
| 3. | 五十君麻里子, A Legal Dictionary from Year 1883. A Story Behind the Reception of Civil Law in Japan, Asian Law Institute, 2021.04, The Reception of European legal tradition in Asia started in the late 19th Century in Japan. After the fall of BAKUFU or SHOGUN-government in 1868, the new MEIJI government was forced to modernize the country including its legal systems as quickly as possible. The comparative analysis of laws in different jurisdictions led Japan to choose Civil Law as its model and to implement a system which was totally foreign to its traditional law. The presentation aims to demonstrate difficulties that Japanese then faced, by focusing on a law dictionary printed in 1883 for the use of the Ministry of Justice. Before focusing on the dictionary, a brief introduction of the Civil Law tradition in contrast to Common Law will be presented from a historical perspective. Civil Law does not only mean the "codified law" or " the law applied in the continental Europe" but it comes from ius civile, which originates in the Twelve Tables in 451-450 BC and developed within ancient Rome. Starting from the 12th Century, Civil Law was widely recepted not only in the continental Europe but also in Latin America, Africa and Asia. The Civil Law system recepted in Japan was "transformed" and further recepted by other countries in Asia, such as Thailand, Korea and Taiwan. One of the most important features of this transformation was to "create" legal terms in Chinese characters. At first, they thought a simple transcription from French terms into KATAKANA, the Japanese phonetic alphabets for foreign words, would suffice. Nevertheless, this scheme was prevented from some characteristics of Japanese language itself, i.e. scarcity of sounds and habit of "seeing" while reading. To tackle with the issue, the Ministry of Justice employed former BAKUFU officers, who worked as interpreters for generations in Nagasaki under the isolation policy in the Edo era. . |
| 4. | 五十君麻里子, libertis libertabusque relicta alimenta, Societé International du Histoire de Droit de l'Antiquitè, 2019.09, [URL], Alimentum is the maintenance that consists of habitation, food, clothing etc. D.34,1 deals with the legacy of alimentum of which most of the legatees are freedmen and freedwomen. This explains why the oratio of Marcus Aurelius required authorization of the praetor to compromise in respect of alimenta left by will (D.2,15,8). The reason for this intervention is that the persons to whom maintenance was left tend to be satisfied by immediate payment of small sum of money. The oratio was aplied, however, only to the compromise between the heir and the legatees. What was the living condition of freedmen and freedwomen while testator, i.e. the former owner was still alive? How did they maintain their living? The presentation analyzes the texts which deal with alimenta given to freedmen and freedwomen and tries to highlight the mechanism that served as "social welfare" for the majority of people who were not well-off.. |
| 5. | Roman Law and Current Legal Issues --- From AI to Social Welfare. |
| 6. | Tribonian's Creation of Law in D.2,15,6; D.29,3,1,1. |
| 7. | Mariko Igimi, IKIMONO. Japanese Concept of Animals and Law, III Global Animal Law Conference, 2018.05, [URL], The presentation was aimed to demonstrate current situation of animal protection and related issues in Japan focusing on overall relationship between men and animals.. |
| 8. | A report of the III Global Animal Law Conference from the perspective of comparative law.. |
| 9. | 五十君 麻里子, Marking a "point of no return”. e-commerce and stipulatio, Messages from the Antiquity. How can Roman Law contribute to the Current Debate in Law?, 2016.02, [URL], Revising the presentation presented at the University of Groningen, the presentation aimed to concentrate on the consumer protection aspect of stipulatio and tried to illustrate the connection to its needs in connection to e commerce.. |
| 10. | 五十君 麻里子, Marking a "point of no return”. e-commerce and pactum, Symposium on 'user-friendly private law' , 2015.10, The presentation aimed to illustrate the attitude towards consensus and tried to compare the situation related to e commerce. . |
| 11. | Roman Law for International Students ~Experience and Challenges of LL.M., Kyushu-University~. |
| 12. | Mariko Igimi, Colonization and Law in East Asia, Globalization and Law, 2014.12. |
| 13. | Mariko Igimi, Slaves Concluding pactum ~ an Analysis of a Case in Plautus' "Bacchides", Societé International de Histoir de Droit Antiquitè, 2014.09. |
| 14. | Mariko Igimi, Slaves Concluding pactum. an Analysis of a Case from Plautus' "Bacchides", International Symposium on Roman Law. "Roman Law between Tradition and Modernity", 2014.07. |
| 15. | Mariko Igimi, The Marriage Law of Augustus, Augsburg-Munich-Kyushu Symposium 2014, 2014.02. |
| 16. | Mariko Igimi, Funny Laws. Legal Knowledge of the Audience of Plautine Comedies, Societé International de Histoir de Droit Antiquitè, 2012.09. |
| 17. | (German) Die Wirkung des Konsens --- Zum Koexistenz der Konsensualkontrakten und Stipulationen. |
| 18. | contrarius consensus of societas. |
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