文献一覧: 森村進 (著者)

1 0 0 0 OA 統一テーマ「リバタリアニズムと法理論」について

著者: 森村進
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.2004, pp.1-4,206, 2005-09-30 (Released:2008-11-17)

The Annual Meeting of Legal Philosophy 2004 was held in Hiroshima on November 13-14, 2004, under the auspice of the Japan Association of Legal Philosophy (JALP). Its general theme was “Libertarianism and Legal Theory”. The concept of liberty or freedom has been discussed in philosophy of law in many different ways, but JALP had not yet devoted an annual meeting to this topic. In order to fill this gap, libertarianism both in theory and practice was focused on in this meeting, because libertarianism can be considered to be a purified version of classical liberalism as contrary to contemporary welfare liberalism. 7 speakers and 2 commentators were asked to make clear evaluations of libertarianism.

2021-01-29 17:10:00
1 はてなブックマーク

1 0 0 0 OA リバタリアニズムの人間像

著者: 森村進
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.2004, pp.5-17,206, 2005-09-30 (Released:2008-11-17)
参考文献数: 21

It is often assumed that libertarianism presupposes rational, autonomous, strong individuals and is committed to “rugged individualism”. Not only critics of libertarianism, but also some libertarians themselves believe this is so. However, I disagree. In this paper, I argue that libertarians should not advance any particular controversial conception of human nature. Rather, they should acknowledge the great diversity amongst humankind as an undeniable fact and be wary of presenting some ideal form of human life. With respect to human nature as it is, it is partly because real people vary in so many respects such as their beliefs, ideals, values, talents, capacities, inclinations, tastes, temperament, knowledge and so on that everyone is to be allowed the liberty-right to pursue their own individual happiness at will and governments should abstain from imposing any particular ideal on their citizens and inhabitants. As for the ideal of human life, libertarianism must remain neutral among competing conceptions of the good life. It is true and only natural that libertarians, like others, should have their own views regarding human happiness and excellence, which are likely to differ from those of communitarians, welfare liberals and conservatives. However, libertarians do not hold such views qua libertarians, for a libertarian may voluntarily lead a life in a collectivist community or a disciplined monastery without any self-contradiction. Libertarianism is a doctrine of justice, not of human well-being or happiness. Nevertheless, atthe very least libertarianism makes one assumption concerning human nature, and that is that bar some exceptions all adults share minimal rationality and autonomy. Hencecomes the right of self-determination. While communitarians, left or conservative, exaggerate cultural diversity across nations and ethnic groups and make little of the diversity between individuals in a group, libertarians recognize basic universal humanity all over the world on the one hand and emphasize the differences between individuals on the other.