著者

フォルクハルト クニッゲ[編 ] 柴嵜 雅子 フォルクハルト・クニッゲヘン シバサキ マサコ Knigge Volkhard Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.21, no.3, pp.149-164, 2008-03-31

著者

クラレンス ダロウ[著] 柴嵜 雅子[訳] クラレンス ダロウ シバサキ マサコ Masako Shibasaki Darrow Clarence

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.22, no.3, pp.141-151, 2009-03-31

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.19, no.1, pp.111-129, 2005-10-31

---

Eichmann is usually considered a colorless bureaucrat who unthinkingly followed criminal orders. Hanna Arendt's report on his trial has been mostinstrumental in coining this image. Drawing on newly found documents, however, a number of historians criticize her for misrepresenting the willing accomplice aswell as the process of the Holocaust. This paper first depicts Adolf Eichmann in contrast with the portrayal by Arendt. He was actually an eloquent and highlycompetent team leader who traveled very often to fend off or iron out conflicts with other authorities involved in the deportation. Secondly, I will examine thecomplexities of convicting him, for his murderous acts were <legal> in the Third Reich and the modern criminal law, based on abrogating vengeance, keeps thevictim out of the loop.

著者

柴嵜 雅子

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies (ISSN:09153586)

巻号頁・発行日

vol.35, no.1, pp.43-57, 2021-10-31

---

Section 78 of the Criminal Code of Austria made the act of “assisting suicide” a criminal offense. In December 2020, however, the Constitutional Court of the Catholic country vacated the provision because it violated one’s right to self-determination, which includes the right to seek help from a third party in terminating one’s own life. This paper aims to examine the background and ramifications of this shift. First, I review Death in Dignity published by the Austrian Bioethics Commission in 2015. Then I explore the influences from neighboring countries. In Germany, for example, the Federal Constitutional Court struck down a law criminalizing repeated assistance in suicide in February 2020 for the same reason as its Austrian counterpart. Finally, I compare Austria which still prohibits euthanasia, with Canada which legalized both assisted suicide and euthanasia all at once as medical aid in dying.

著者

クラレンス・ダロウ[著] 柴嵜 雅子[訳]

出版者

大阪国際大学

雑誌

国際研究論叢 : 大阪国際大学紀要 (ISSN:09153586)

巻号頁・発行日

vol.22, no.3, pp.141-151, 2009-03-31

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.23, no.2, pp.165-173, 2010-01-31

著者

ギュンダー・アンダース[著] 柴嵜 雅子[訳] シバサキ マサコ Gunter Anders Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.20, no.3, pp.103-114, 2007-03-31

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.24, no.2, pp.251-264, 2011-01-31

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.27, no.1, pp.59-72, 2013-10-31

---

The eugenics movement that flourished in the early twentieth century is now denounced as morally wrong, whereas the liberal eugenics of today is endorsed by some ethicists because it is based on the decisions of parents and free from coercion. Both these views are based on the reproductive rights of parents. This paper aims to shed a new light on the two types of eugenics by taking account of the child’s right to an open future. First I illustrate that the forced sterilization of the past had an aspect of protecting children from disease or abuse that might be inflicted on them by their parents. Second, I argue that whereas the old eugenics did not harm offspring, the new one can be detrimental to children whose lives are restricted by traits imposed on them by their parents.

著者

柴嵜 雅子 シバサキ マサオコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.24, no.1, pp.51-64, 2010-10-31

---

In Switzerland right-to-die organizations have legally helped the members to end their intolerable lives thanks to the country’s criminal code that does not outlaw assistance in suicide unless it is motivated by self-interest. The voluntary termination of one’s own life after due consideration is accepted by the general public as a personal and responsible choice. This paper, focusing on the two major institutions, Exit Deutsche Schweiz and Dignitas, first outlines the unique practice and the controversies triggered; especially by Dignitas which extends the service to foreigners. Secondly, two characteristics of the groups’ procedures are explored; those who seek help in dying are strongly advised to have their family or friends involved in the process in order to avoid a lonely death; trained volunteers, not doctors, assist in the final moment. The system can be construed as a way to reclaim “one’s own death” in a highly medicalized society.

著者

柴嵜 雅子

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies (ISSN:09153586)

巻号頁・発行日

vol.34, no.1, pp.39-54, 2020-10-31

---

This paper illuminates Canada's federal law on medical assistance in dying enacted in 2016. First, I review the developments leading up to the legislation from the Supreme Court of Canada Rodriguez decision through the precedential act in the Province of Quebec to the court rulings on the case of Carter. Second, I focus on and explore the implications of the landmark step ventured by the new statute; it has reclassified aid in dying as ‘end-of-life medical care’ ―the same category as palliative sedation or withdrawing lifesustaining treatment. The sharp distinction between euthanasia and assisted suicide has also been replaced by the mere procedural difference between ‘clinician-administered’ deaths and ‘self-administered’ ones. The explicit medicalization of these practices is highly likely to constrain the availability of conscientious objection to them, because even though it is legally warranted, it now means rejecting medical services.

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.23, no.1, pp.11-24, 2009-10-31

---

At the 50th anniversary of the liberation of Auschwitz, Eva Kor, a former subject of Mengele’s experiments, declared that she would forgive all Nazis. This statement has stirred outrage among many Holocaust survivors. In order to review her intent, this paper first clarifies the meanings of forgiveness in general, referring to the latest philosophical and psychological studies. The second chapter examines some comments on Simon Wiesenthal’s “The Sunflower” which poses a conundrum about whether we should forgive a dying remorseful Nazi. The opinions of those like the Dalai Lama and Desmond Tutu, based on the Buddhist weltanschauung and the African concept of “ubuntu” respectively, introduce us to a new dimension for forgiving criminals of heinous atrocities. The third chapter analyzes Kor’s proposal to heal both victims and perpetrators of the genocide, which proves to be in line with restorative justice.

著者

柴嵜 雅子 Masako Shibasaki

巻号頁・発行日

vol.32, no.1, pp.99-112, 2018-10-31

---

Animal advocates are divided on the understanding of the position of humanity in the world; rightists regard Homo sapiens just as one species in the animal kingdom, whereas welfarists maintain that humans stand at the pinnacle of the hierarchy of life. This paper aims to offer some arguments against the latter view. First, the concept of human supremacy is based on Judeo-Christian values,which despite their long tradition in Western society, are not universal and can be seen as preposterous in other cultural settings such as premodern Japan. Second, some welfarists assume that denying humans a special status degrades human dignity and undermines universal human rights. However,as the histories of colonialism, slavery and racism in Christian countries have demonstrated, human exceptionalism does not guarantee that the rights of every person will be protected. Third, our anthropocentric practices have already started to endanger the very survival of humanity on this planet.

著者

柴嵜 雅子

出版者

大阪国際大学

雑誌

国際研究論叢 : 大阪国際大学紀要 (ISSN:09153586)

巻号頁・発行日

vol.26, no.1, pp.85-101, 2012-10-31

---

Official policies on prenatal diagnosis (PND) and preimplantation genetic diagnosis (PGD) in Japan are substantially stricter than in many Western countries due partly to aggressive protests by some activists. They claim that PND and PGD followed by selective termination represent Nazi-like selection and devalue those living with disabilities. There are, however, some flaws in this so-called 'expressivist argument.' First, it grants unwittingly the moral status of born children to pre-embryos and fetuses. Second, it ignores the difference in kind and severity among various impairments which require specific treatment. Third, history shows that PND and PGD have developed hand in hand with the growing support for disability rights. Therefore, fourth, the fact that people with disabilities might feel offended does not suffice as a reason to override the reproductive rights of prospective parents who want to benefit from the modern technologies.

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.21, no.1, pp.75-88, 2007-10-31

---

Studies on the Holocaust have revealed that those involved in the despicablehorrors were not abnormal sadists but ordinary people. This paper examinesethical problems raised by this unpalatable reality. The first part, drawing on sociopsychological experiments as well as historical research on Nazi Germany,demonstrates that legitimizing authority or peer pressure can easily prod us intoharming others, and that we are not such autonomous moral agents that we areusually assumed to be. Secondly, I explore sanctioned killings. Analogous tosoldiers slaughtering enemy combatants, people have no pangs of guilt inexterminating targeted individuals, once they are branded as dangerous beings andexpelled from the moral community. The last section suggests what we can do inethical education to forestall another Auschwitz.

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

出版者

大阪国際大学

雑誌

国際研究論叢 = OIU journal of international studies : 大阪国際大学・大阪国際大学短期大学部紀要 (ISSN:09153586)

巻号頁・発行日

vol.27, no.1, pp.59-72, 2013-10

---

The eugenics movement that flourished in the early twentieth century is now denounced as morally wrong, whereas the liberal eugenics of today is endorsed by some ethicists because it is based on the decisions of parents and free from coercion. Both these views are based on the reproductive rights of parents. This paper aims to shed a new light on the two types of eugenics by taking account of the child's right to an open future. First I illustrate that the forced sterilization of the past had an aspect of protecting children from disease or abuse that might be inflicted on them by their parents. Second, I argue that whereas the old eugenics did not harm offspring, the new one can be detrimental to children whose lives are restricted by traits imposed on them by their parents.

著者

柴嵜 雅子 シバサキ マサコ Masako Shibasaki

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies

巻号頁・発行日

vol.19, no.1, pp.111-129, 2005-10-31

---

Eichmann is usually considered a colorless bureaucrat who unthinkingly followed criminal orders. Hanna Arendt's report on his trial has been mostinstrumental in coining this image. Drawing on newly found documents, however, a number of historians criticize her for misrepresenting the willing accomplice aswell as the process of the Holocaust. This paper first depicts Adolf Eichmann in contrast with the portrayal by Arendt. He was actually an eloquent and highlycompetent team leader who traveled very often to fend off or iron out conflicts with other authorities involved in the deportation. Secondly, I will examine thecomplexities of convicting him, for his murderous acts were <legal> in the Third Reich and the modern criminal law, based on abrogating vengeance, keeps thevictim out of the loop.

著者

Knigge Volkhard 柴嵜 雅子

出版者

大阪国際大学

雑誌

国際研究論叢 (ISSN:09153586)

巻号頁・発行日

vol.21, no.3, pp.149-164, 2008-03

著者

柴嵜 雅子

雑誌

国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies (ISSN:09153586)

巻号頁・発行日

vol.34, no.1, pp.125-134, 2020-10-31

著者

柴嵜 雅子 Masako Shibasaki

出版者

大阪国際大学

雑誌

国際研究論叢 = OIU journal of international studies : 大阪国際大学・大阪国際大学短期大学部紀要 (ISSN:09153586)

巻号頁・発行日

vol.32, no.1, pp.99-112, 2018-10

---

Animal advocates are divided on the understanding of the position of humanity in the world; rightists regard Homo sapiens just as one species in the animal kingdom, whereas welfarists maintain that humans stand at the pinnacle of the hierarchy of life. This paper aims to offer some arguments against the latter view. First, the concept of human supremacy is based on Judeo-Christian values,which despite their long tradition in Western society, are not universal and can be seen as preposterous in other cultural settings such as premodern Japan. Second, some welfarists assume that denying humans a special status degrades human dignity and undermines universal human rights. However,as the histories of colonialism, slavery and racism in Christian countries have demonstrated, human exceptionalism does not guarantee that the rights of every person will be protected. Third, our anthropocentric practices have already started to endanger the very survival of humanity on this planet.