著者

野崎 亜紀子

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.137-145,201, 2005-09-30 (Released:2008-11-17)

参考文献数

10

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The word “relationship” has a broad range of application and appears in various scenes in various meanings. My paper discusses on the concept of relationship within the legal theory, i. e. “relational rights”. Its main concern resides in the problem, “When and how can liberty be restricted from the perspective of the relationship” It looks as if the normative implication of relation depends on the context. But the concept of relationship here meets the criteria of legal universality which consists of equality principle. The concept of “relational right” is polysemous. While four aspects of it are analyzed in my paper; (1) Right to Relationship, (2) Right by Relationship, (3) Right in Relationship, and (4) Right as Relationship, a special attention is paid to the “Right in relationship”. Then, it is clarified that this right has a peculiar implication with obligatory content. Last, some criticisms of the usefulness of introducing this concept into legal theory are countered.

著者

野崎 亜紀子

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.2000, pp.181-187, 2001-10-30 (Released:2008-11-17)

参考文献数

17