著者
綾部 六郎
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.144-155,195, 2006-10-30 (Released:2010-02-15)
参考文献数
51

In this paper, I am based on the knowledge, which social constructionism has brought, in order to point out the problems of a conventional idea of equality. On that occasion, I examine both a theory of equality in the Constitutional law and one in the philosophy of law and politics. In the former, I place importance on understanding the concept that a specific existence of sexuality such as homosexuality is an immutable characteristic. In the latter, I certify the liberalists' attempt to establish the appropriate criteria in relation to distribution of goods. So far, the consideration for diverse existences of sexuality cannot have been seen among these theories of equality. Therefore, I focus on the positionality the sexual minorities who cannot have recognized themselves as lesbian yet. Then, by showing the reality of such minorities that have not been covered by the legal discourses on equality, I expose the critical point of legal practices. In the end, I suggest that the daily interactions between sexual minorities and others are to be the first step to transform our society.