著者
堀 郁
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.28, pp.99-107, 2008-03

Japanese view on nature is closely related to the forests in Japan. Without a doubt Japanese mentality and religions (above all, Shinto and Buddhism) are influenced by the forest. Many thinkers, for example Takeshi UMEHARA and Yoshinori YASUDA, have already pointed out this relationship. It is essential for todays environmental ethics to overcome the Cartesian view. Therefore a new idea of nature is in need, which is meant to show a way, how humans and nature can coexist. Looking at Japanese view on nature, is it possible to find an answer to the question of how this coexistence can be accomplished in harmony? Hayao MIYAZAKI's masterpiece "Princess Mononoke" questions the optimistic opinion about the coexistence supposed to be offered by the Japanese attitude. The movie deals with a tragic conflict between human beings and nature, in which neither hero nor villain appears and where no line can be drawn between god and evil. By that Miyazaki suggests the destiny of every living being: One lives at the cost of the other. Such violence is as inherent in nature as in human beings. Unfortunately in Japan this subject has not often been pointed out yet. By a philosophical interpretation of the movie this article examines the problems of the Japanese view on nature.
著者
関根 孝道
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.20, pp.165-197, 2005-09-20

On March 2, 2005, the United States District Court Nothern District of California gave an epochmaking decision. The decision held: in light of the many similarities between the lists generated by the Japanese Law for the Protection of Cultural Properties and the U.S. National Historic Preservation Act ("NHPA"), the Japanese Law is an "equivalent of the National Register" under the NHPA within the meaning of section 470a-2 thereof; since the Okinawa dugong is protected under Japanese Law on the basis of its cultural significance to the Okinawan people, section 470a-2 of the NHPA can apply to the Okinawa dugong, an animal protected for cultural, historical reasons under a foreign country's equivalent statutory scheme for cultural preservation; while section 470a-2 applies to "any federal undertaking outside the United States", it can as a matter of law apply to the undertakings alleged by plaintiffs in that case because plaintiffs have alleged and provided evidence to show that the contested actions and decisions were undertaken by the U.S. Department of Defense and thus constitute a federal undertaking which may directly and adversely affect a property, the Okinawa dugong; since the case at issue deals with a statute, unlike the NEPA, explicitly demonstrates Congress's intent that it apply abroad where a federal undertaking promises to have direct or adverse effects on protected foreign properties, the cort must construe section 470a-2 in accordance with the statutory text-to preclude enforcement as a blanket rule based on the act of state doctrine would empty section 470 of any meaning; since the record before the court does not currently describe an "official act of a foreign sovereign perfomed within its own territory," but rather a process intertwined with U.S. Department of Defense decision-making, the court evaluates the actions of a federal agency for the act of state doctrine not being implicated. This decison is extremely significant mainly for the Okinawa dugong protection and U.S. military facilities issues here in the future.
著者
亀田 啓悟
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.28, pp.109-120, 2008-03

The purpose of this paper is to review preceding literatures on the relationship between budget deficits, government debt, and interest rates. The knowledge from this survey is as follows: (1) After the seminal paper of Plosser (1982), we have many literatures on this topic. (2) All of the recent studies care for the expectation about future budgetary situation by using either event studies or published forecasts as a proxy of the market expectations. (3) Almost all of recent studies are on US economy, and we have only two literatures on Japanese economy; Nakazato et al. (2003) and Fukuda and Ji (2002). (4) Unfortunately, these two studies do not seem to utilize the knowledge since Plosser (1982).
著者
齋藤 順子
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.19, pp.105-123, 2005-05-20

The purpose of this study was two-fold. The first was to examine job awareness among care managers and how they evaluate .themselves according to the theoretical knowledge and practical skills demanded of them. Secondly we looked at care managers from different backgrounds in terms of qualifications, such as nursing or care workers to see if there was a difference in job awareness and their focus regarding theoretical knowledge and practical skills. This research was based on answers to questionnaires sent 404 care managers who had been trained in Tohoku region. The content and analysis of the questionnaires was the same as that used by Watanabe (2002). As a result of the survey three points became clear. The first was that care managers were aware of need for a high level of technical skill but that the level of understanding on the part of the client was low. Secondly, there were very clear areas of expertise in which care managers were either very confident or, on the other hand, not confident at all. Thirdly, nurses evaluated themselves more highly according to theoretical knowledge and practical skills than care workers did. However, in the areas of interview, client strengths and client serf-determination there were no differences.
著者
渡辺 律子
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.2, pp.41-52, 1996-09

This paper aims to explore the feasibility of establishing British health and social care systems for elderly people in Japan. Four main British health and social care systems, drawn from Dr. Evan's paper, were analyzed based on six criteria : 1) system's role, 2) location of responsibility in each system, 3) key concepts of each system, 4) needs of each system in Japan 5) necessary conditions for applying each system if applied in Japan, 6) obstacles to applying each system in Japan. Owing to the author's background, social/psychological influences on each system were enphasized and examples of American health/social care systems were used.
著者
岩下 幹夫
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.18, pp.131-145, 2005-01-31

Nobusihige Hozumi (1856-1926) was largely influenced by Schopenhauer's principles of legal theories in his understanding of law. In his theories of legal evolution Hozumi found a basis for marriage, which was the social origin, in Schopenhauer's philosophy. Hozumi also stipulated that transcendental basic laws, which would become legal theories of evolution, would become compassion. Furthermore, Hozumi, just as Schopenhauer did, followed Schopenhauer in his elucidation of legal theories which progressed from revenge to punishment to justice and to compassion (Mitleid), that is loving compassion. Hozumi believed that Schopenhauer's philosophy was the foundation for his legal theories of evolution. And his aim was to maximize the practicality and realization of justice and human love. Along the line of accepting Schopenhauer's philosophy the aim of this paper is to crystallize the foundation of Schopenhauer's thought behind legal theories of evolution. It is also noted that attempts are made to look into a possibility of acceptance and the outcome of Schopenhauer's philosophy in contemporary Japan's legal theories (in legal science and legal philosophy).
著者
関根 孝道
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.16, pp.11-52, 2004-05-25

The IUCN Second World Conservation Congress in Amman, Jordan, adopted a Recommendation for the conservation of Okinawa dugongs in October 2000. This is because their critical habitat areas in Henoko offshore Okinawa are to be landfilled for the construction of U. S. seabase facilities in return for the U. S. military airport at Futenma. Since Okinawa dugongs are not only designated as one of Japan's natural monuments but also seriously endangered with the remaining number estimated at the most less than 50, the proposed seabase facilities are determinatively detrimental to the continued existence of Okinawa dugongs. Given the ineffectiveness of Japan's nature conservation laws, the last resort for their protection is to initiate a lawsuit under the U. S. environmental law in their court. This article examines the possibility of extraterritorial application of U. S. environmental laws for the protection of Okinawa dugongs with the conclusion that the National Historic Preservation Act ("NHPA") is most applicable due to the section 402's declaration of its extraterritorial application. In addition, since Okinawa dugongs are listed as an endangered species under the U. S. Endangered Species Act ("ESA"), an ESA lawsuit under its citizen suits provision is prospective and significant as a test case challenging ESA's overseas application.
著者
関根 孝道
出版者
関西学院大学
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
vol.28, pp.205-242, 2008-03

The day of January 23, 2008, turned out to be a memorable day for Okinawa dugongs. On this day, the Judge Marilyn Hall Patel, U.S. District Court Judge Northern District of California, ruled in favor of Okinawa dugongs in the case that was brought by 3 Okinawa individual residents and 6 Japan/U.S. environmental organizations against the U.S. Department of Defense (hereinafter "DOD") for the purpose of preserving Okinawa dugongs as a Japanese national monument and their habitats in Henoko areas. The court opinion begins with a comprehensive summary of the factual background, a description of the procedural history of the case, and an explanation of the statutes under which plaintiffs bring the case, that is, the National Historic Preservation Act (hereinafter "NHPA") and the Administrative Procedures Act (hereinafter "APA"). The judge then turns to the legal arguments. The legal issues here are divided into three sections: DOD's jurisdictional arguments; applicability of the NHPA; and the merits of the plaintiffs' NHPA claim. First, as for the DOD's jurisdictional arguments, they consist of five distinctive assertions; (1) final agency action, (2) standing, (3) ripeness, (4) act of state, (5) necessary and indispensable party. The judge addresses each of the five arguments that DOD presents for barring the court's review and strikes down all of them with detailed persuasive reasons. Secondly, regarding the applicability of the NHPA to the case, the NHPA imposes on DOD the obligation to "take into account" under sec.402 of the statute. This DOD's obligation is triggered when and where there is a federal undertaking outside the U.S., which may directly and adversely affect a property on the applicable country's equivalent of the National Register. These are issues of first impression for the courts in the context of extraterritorial provision of sec.402. Having decided in support of plaintiffs' arguments with regard to these legal issues, the court concluded that the NHPA is applicable to this case. Finally, the judge examines whether DOD has complied with its obligation under the NHPA to "take into account" the impacts on the dugongs. According to the court, the "take into account" process, at a minimum, must include (1) identification of protected property, (2) generation, collection, consideration, and weighing of information pertaining to how the undertaking will affect the historic property, (3) a determination as to whether there will be adverse effects or not adverse effects, and (4) if necessary, development and evaluation of alternatives or modifications to the undertaking that could avoid or mitigate the adverse effects. As a conclusion, the judge holds: "In sum, the current record reflects a failure by the DOD to comply with NHPA section 402. This failure constitutes agency action that is unreasonably delayed and unlawfully withheld as provided by the APA. Defendants have failed to produce, gather, and consider information necessary for taking into account the effects of the Futenma Replacement Facilities on the Okinawa dugong and for determining whether mitigation or avoidance measures are necessary and possible." Therefore, the court's "CONCLUSION", on the last page of its judgment is as follows: 1. Defendants have failed to comply with the requirements of the NHPA section 402, 16 U.S.C. sec.470a-2, and this failure to comply is agency action that is unreasonably delayed and unlawfully withheld, 5 U.S.C. sec. 706 (1). 2. Defendants are ordered to comply with NHPA section 402 and this case is held in abeyance until the information necessary for evaluating the effects of the FRF on the dugong is generated, and until defendants take the information into account for the purpose of avoiding or mitigate adverse effects to the dugong. 3. Defendants are ordered, within ninety (90) days of the date of this order, to submit to the court documentation describing what additional information is necessary to evaluate the impacts of the FRF on the dugong; from what sources, including relevant individuals, organizations, and government agencies, the information will be derived; what is currently known or anticipated regarding the nature and scope of Japan's environmental assessment and whether that assessment will be sufficient for meeting defendants' obligations under the NHPA; and identifying the DOD officials with authorization and responsibility for reviewing and considering the information for purposes of mitigation. 4. If plaintiffs desire to respond to this submission, they shall file their response within forty-five (45) days of the defendants' filing. At the end of this summary, it is worth noting the following warning which the court dared to make clear: "Satisfaction of defendants' obligation under section 402, therefore cannot be postponed until the eve of construction when defendants have made irreversible commitments making additional review futile or consideration of alternatives impossible." This is exactly why the NHPA requires the take into account process "prior to approval of an undertaking," at the time early in the planning stages of a federal undertaking when there is still a meaningful opportunity to consider adverse impact and mitigation measures.
著者
宗前 清貞 Kiyosada Somae
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
no.52, pp.105, 2016-09-20
雑誌
総合政策研究 (ISSN:1341996X)
巻号頁・発行日
no.44, pp.5-13, 2013-10-30