The Science of State Law

笕克彦Oct 2025

3.3

Word count: 46K words
Chapters: 46

Summary

There are many branches of jurisprudence, but national jurisprudence concerns only the laws governing the relations of the organization and the exercise of rule. Matters not closely related to these two points are not addressed. For national law is the law organized by the state and its constituent members. More specifically, it is the regulation of the scope of activity in the mutual relations among the people and the state, and between the state and its organs, and between the organs and the people.

Editor's review

National Jurisprudence takes as its core the laws governing the relations of the organization and the exercise of rule, and uses the scope of activity and relations among the state, the people, and the organs as its thread, presenting a style of legal writing that emphasizes system and conceptual demarcation. Its value lies not in explaining current law article by article, but in helping readers understand how "national law," as the law organizing the state and its constituent members, defines the boundaries of mutual relations among various subjects. In reading, one senses the author's self-conscious delimitation of the scope of "national jurisprudence": matters not closely related to the organization and exercise of rule are not elaborated, so the book appears focused and restrained. For readers who wish to sort out, at the level of basic concepts, the relationship between the law of state organization and the law of the exercise of rule, this book offers a relatively clear sense of framework. It is better suited as supplementary reading for courses in legal theory or the foundations of public law; read alongside concrete institutional materials, it makes the gap between the conceptual system and institutional reality clearer. The language carries the feel of modern legal writing, and some terminology differs from current usage, so readers should attend to the shift in context. Overall, this is a foundational reader in national jurisprudence that emphasizes system-building and the demarcation of relations; it is suited to slow reading and note-taking, not to use as a quick-reference tool.

Who it's for

A good fit for

Law students who need to shore up basic concepts and the systemic framework of national jurisprudence.
Readers researching public law theory who want to understand how the relationship between the organization and the exercise of rule is defined.
Readers interested in modern legal writing who are willing to examine terminological differences.
Readers preparing for relevant courses or reading groups who need a discussable framework text.

Not a good fit for

Readers hoping to consult current statutory provisions and case practice directly.
General readers seeking an accessible, light introduction to state institutions.
Readers expecting extensive operational detail on specific institutions.

Reading tips

Begin with the table of contents and the scope-limiting sections to grasp what the author includes and excludes in discussing national jurisprudence.
Keep pen and paper at hand to note how the three sets of relations—state, people, and organs—are defined.
When encountering expressions that differ from current usage, mark them first and compare them after finishing a chapter.
Read alongside a current textbook on the constitution or organizational law to observe how concepts correspond to institutions.

版权信息
绪论
第一章国法学之意义
第一节、国法学者学也
第二节、国学法者法学也
第三节、国法学者研究国家统治组织及统治作用关系之法学也
第二章国法学之范围
第三章国法学之编别
第一编总论国家
第一章国家
第一节、国家之意义
第二节、国家之目的
第三节、国家成立存在之理由
第四节、国家之种别
第二章国法
第一节、国法之意义
第二节、权利义务
第三章国家于国法上之发达变迁
第二编国家有形之要素（土地人民）
第一章元首
第一节、元首之地位
第二节、皇位继承
第三节、摄政
第二章国土
第三章国民
第一节、国民之意义
第二节、团体
第三节、阶级
第三编国家无形的要素
第一章统治权
第一节、统治权之意义
第二节、统治权之主体
第三节、统治权之范围
第四节、最高主权之问题
第二章统治机关
第一节、统治机关之总说
第二节、总揽机关（天皇）
第三节、总揽机关以外之机关
第四节、直接机关
第三章统治作用
第一节、总说
第二节、总揽作用（原动作用）
第三节、行政作用
第四节、立法作用
第五节、司法作用
结论至善之国法

FAQ

Is this book suitable for readers with no background to read directly?

Not really. The book focuses on conceptual demarcation and system-building and presupposes some familiarity with basic legal categories. Readers with no background may get stuck on terminology and the division of relations. It is advisable to read an accessible introduction to law or a basic text on constitutional law first, then return to this book, which will go much more smoothly.

Is "national jurisprudence" in the title the same as constitutional law today?

They cannot simply be equated. As the book itself states, national jurisprudence chiefly concerns the laws governing the relations of the organization and the exercise of rule, with a clearly limited scope. It overlaps with today's constitutional law and law of state organization, but its focus and terminology carry their own historical and doctrinal background; readers should not directly apply today's disciplinary classifications.

What preparation is needed to read this book?

It is advisable first to become familiar with basic categories such as state organization, relations among organs, and the relationship between the people and the state, and to have a current textbook on the constitution or organizational law at hand for comparison. While reading, focus on how the author delimits the scope of discussion and distinguishes the various relations; do not rush to judge specific institutions but first understand the systemic logic.

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About the author

笕克彦 Author

Very little is publicly known about the life of Katsuhiko Kakei (笕克彦); his dates of birth and death, nationality, and educational background are not clearly recorded, and no systematic biographical sketch of the author is available for reference. Within the library's holdings, only one work appears under his name, Kokuhōgaku (Study of the Science of the State), which is classified under law and serves as the main basis for understanding his writing. The title indicates that the author's focus is a legal study centered on the state, typically dealing with such foundational issues as the nature of the state, sovereignty, organs of rule, and constitutional structure, placing the work within the more system-building strand of legal theory. Because the available material is limited, the book's exact date of writing, textual history, and scholarly reception cannot be established, nor can the author's other research directions be determined. Readers seeking to grasp Kakei's scholarly position should rely directly on the argument of Kokuhōgaku, attending to its structure of reasoning and use of concepts, rather than drawing excessive inferences from the scarce biographical information.