著者

八島 隆之

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.2005, pp.125-134,196, 2006-10-30 (Released:2010-02-15)

参考文献数

23

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The purpose of this paper is to offer a tentative plan on systems logically consistent with libertarianism that respects personal freedoms. The arguments start from proving the following thesis. Specifically, in terms of libertarianism, a deceased individual's assets become unowned property in a purely theoretical sense, and therefore, inheritance institutions are denied without contradicting the right of private property. Consequently, problems about the lives of the bereaved arise from this thesis. In this paper, three systems that satisfy both avoidance of the bereaved problems and the position of the above-mentioned purely theoretical libertarianism are drawn. First, in the case of denying inheritance institutions, how to manage the lives of the bereaved becomes a problem if the household economy has depended on the deceased. In order to solve this problem, necessity of “the state debt system” for the bereaved to buy the deceased's assets is pointed out. Second, because the time of death between a husband and a wife usually differs, special consideration is needed with regard to the spouse who is one of the bereaved. Therefore, by thinking of family institutions based on a legal system using the analogy of general partner-ships, “a married couple organization theory” is developed. In this theory, the income of the couple who have chosen legal marriage automatically belongs to the income earner and his/her spouse at a rate of one-to-one. Third, in the case of children, even if we accept the thesis of self-ownership, children cannot usually work. Thus, children may be deprived of various freedoms. In order to solve this problem, necessity of “the independence reserve system” by which a state sets aside a constant sum from individuals' births to a certain time and pays it at the term end is proposed.