著者

濱野 吉生

出版者

早稲田大学

雑誌

早稲田大学人間科学研究 (ISSN:09160396)

巻号頁・発行日

vol.9, no.1, pp.9-17, 1996-03-25

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In the domain of sports activity, the notion of what constitutes a Legal Human Agent is divided into two broad categories: the first comprises those people who wish to maintain and improve their health and promote friendship through their sporting activities. Such people are ordinary citizens, who are subject to Civil law. The second category comprises those who willingly tolerate physical and mental injury to themselves or their opponents as a result of their sporting activities. Such people aspire to surpass others by means of strenuous efforts towards this end. Aware of the possibility even of death as a result of their activities, they nevertheless assume total responsibility for such an outcome should it eventuate. Such people differ from ordinary people in their behavioral characteristics and views concerning responsibility and the notion of Legal Human Agent. The nature of the relationships such people enter into is obviously different from those of ordinary people, which under the Civil law should be free, inviolable and mutually equal. Nowadays, one of the most important issues in Sports Law is how to interpret and apply the legal relations of participants in various sports activities. In this paper, several accidents which occurred in the course of mountaineering are considered from the point of view of the legal relations and legal liability of the mountaineers involved. It was concluded that such problems should be considered in the context of the right to personal autonomy which, under the Constitution, ensures that an individual's life and behavior should be determined by the individual. and not by the Law of Tort.