著者

大野 秀夫

出版者

創文社

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1990, no.40, pp.135-152,en8, 1990

---

Here, in this essay, it will be suggested that the "Genossenschaft" and its theory in England was one of important themes for Maitland, particularly late in his life. It seems to me that Maitland's studies in history of corporation in England consist of three parts; (1) township and borough, (2) trust and corporation, (3) state and corporation. It is too ample and too difficult to trace and examine his studies on corporation in whole, as his other studies. Then, here, we will outline his theory of corporation, especially in relation to trust and corporation. Through our discussion, we will perceive its importance, its "the greatest exploit of English jurisprudence", its function as supplement of incorporation. Lastly, as a result of development of trust in modern England, it might be pointed out that England had and is to have a unique theory of state, as contrasted with the Continent.