著者

佐藤 潤一

出版者

大阪産業大学

雑誌

大阪産業大学論集 人文・社会科学編 (ISSN:18825966)

巻号頁・発行日

no.12, pp.19-54[含 英語文要旨], 2011

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This is an introductory study concerning the implications of the human rights `entrenchment' in a written constitution. In Japan, almost all constitutional scholars argue that the provisions of a bill of rights in a written constitution is necessary for the protection of human rights. However, a court's power to declare the statute's constitutionality sometimes does not work even if the legislative branch of government infringes on human rights. In contrast, the Commonwealth of the Australia Constitution Act [the Constitution] has no bill of rights. But various indices, e.g., Andrew Fagan, The Atlas of HUMAN RIGHTS, sometimes indicate that human rights protection in Japan and Australia is equal. In the first section of this article I discuss some reasons. The second section discusses the meanings of "entrenchment" in constitutional context. To discuss this theme, this article compares the human rights protection in Australia and in Japan. This article does not argue whether or not the Commonwealth of Australia or States of Australia should have a bill of rights. In Australia, the Federal Government has no bill of rights in its written constitution, and did not enact a "human rights act". The Constitution has the articles of explicit rights, and the Commonwealth Parliament created the Acts concerning Aboriginal Rights and the Acts concerning the Human Rights Institutions of the Human Rights Conventions of United Nations, which the Commonwealth Government ratified. Many commentators and case laws of the High Court of Australia, which is supreme court of the Commonwealth of Australia, believe the Constitution of the Commonwealth of Australia implies human rights, and the common law rights derived from United Kingdom has vital importance. The argument against a bill of rights is that Australia has no reason to enact a "human rights act", or has no need to alter its Constitution to include a bill of rights, because Australia has a common law tradition and an enactment of this nature will not make a significant difference to the present situation. In contrast, Commonwealth of Nations, especially New Zealand and the United Kingdom have acts concerning human rights. Moreover, in Canada and South Africa, their written constitutions have a bill of rights. To analyse status quo of Australia, we must consider these constitutions of Commonwealth countries. In conclusion, I argue that the human rights education and the consciences of judges have vital importance.

著者

張替 俊夫

雑誌

大阪産業大学論集 人文・社会科学編 (ISSN:18825966)

巻号頁・発行日

vol.30, pp.15-29, 2017-06-30

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“The Nine Chapters on the Mathematical Art” was the oldest book of mathematics in China before the unearthing of “Suan-shu shu.” The aim of our research is to provide a complete translation and annotation of it including annotations of Liu Hui(劉徽)and Li Chunfeng(李淳風)from the viewpoint of our previous work on “Suan-shu shu.”This is the twenty-sixth article based on our research and results in which we studied the problems 4 to 9 of Chapter 8, Fangcheng(方程)

著者

田村 誠

雑誌

大阪産業大学論集 人文・社会科学編 (ISSN:18825966)

巻号頁・発行日

vol.30, pp.31-49, 2017-06-30

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“The Nine Chapters on the Mathematical Art” was the oldest book of mathematics in China before the unearthing of “Suan-shu shu.” The aim of our research is to provide a complete translation and annotation of it including annotations of Liu Hui(劉徽)and Li Chunfeng(李淳風)from the viewpoint of our previous work on “Suan-shu shu.”This is the twenty-seventh article based on our research and results in which we studied the problems 10 to 17 of Chapter 8, Fangcheng(方程)

著者

佐藤 潤一

出版者

大阪産業大学

雑誌

大阪産業大学論集 人文・社会科学編 (ISSN:18825966)

巻号頁・発行日

no.1, pp.1-30, 2007

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We have not yet analyzed the right to receive an education of Japanese as a second language(JSL) from the perspectives of constitutional law and the International Human Rights Law. In this article, I will analyze the right to receive an education of JSL. In this article, I will discuss the following 1. Do the Constitution of Japan and the International Covenant guarantee the right to receive an education of JSL? 2. What does "multicultural symbiosis" mean in the right to receive an education of JSL? 3. What is the mutual relationship between the "multicultural symbiosis" and "Constitutionalism"?

著者

平尾 昌宏

出版者

大阪産業大学

雑誌

大阪産業大学論集 人文・社会科学編 (ISSN:18825966)

巻号頁・発行日

no.10, pp.49-67, 2010

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Hamann is distinguished from some thinkers in his generation of "Sturm und Drang", such as Goethe and Herder. It is obvious that he was not a spinozist, indeed, Spinoza was a deadly foe for Hamann. Hamann wrote no book on Spinoza, however, he expressed his sentiment about Spinoza in his letters to Jacobi during Pantheism Controversy. They show us one of the most interesting examples of reactions against Spinozism in those days. Hamann honestly admits the difficulty of reading Spinoza's "Ethics". He challenges and challenges Spinoza and Jacobi's "Spinoza-letters", but they repel him. Spinoza's style and method in "Ethics" turndown Hamann. They are considered obvious trickeries for Hamann. Indeed we can not say that this kind of sentiment in Hamann's letters to Jacobi is "philosophical" statement, but, at the same time, it is nothing but expression of his own "philosophy". At first, for Hamann, Spinoza's philosophy is a false construction because it is a system and every system is rootless. Hamann says that everything is local and individual, and arises from "History". Secondly, the form of "Ethics" is a sign of "Purism of Reason", which is applied to the philosophy of Kant by Hamann in his "Metakritik". In this sense, Spinozism and Kantianism are both his targets. The next generation, like Schelling and Hegel, belongs to a kind of Spinozist and tries to integrate the realism of Spinoza and the idealism of Fichte. They think within the framework of <Spinoza and Fichte>. But the framework of <Spinoza and Kant> appears only in Hamann (and Maimon). It goes without saying that Jacobi was a bitter critic of Spinozism. But he formed an estimate of its charm. Spinozism as a system was typical of all philosophical systems for Jacobi. Therefore he made a strong influence on German idealists, whose model was Spinoza's system of philosophy. On the contrary, Hamann did not have any respects to Spinoza. Therefore Hamann's criticism on Spinoza had no influences. This absence of influence over German idealists is a very result of Hamann's own thought of uniqueness, and also belongs to one scene in the history of Spinozism in Germany.

著者

山田 嘉徳

雑誌

大阪産業大学論集 人文・社会科学編 (ISSN:18825966)

巻号頁・発行日

vol.30, pp.1-14, 2017-06-30

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本研究は,ラーニング・コモンズにおける学びと活用可能性について,状況的学習論を理論的枠組みとして用いて検討するものである。A大学のラーニング・コモンズをフィールドとし,ラーニング・コモンズという場について調べ考えるという学習活動に取り組んだ65名の学生を対象に,学習活動に使用したワークシートから得られた自由記述文に対して共起ネットワーク分析を施した。結果,【通常教室と異なる場】,【個人・協働学習の場】,【友達同士で集まる場】,【飲み物を楽しみながら授業の宿題に関して相談し合える場】,【気分転換を図りながらリラックスして勉強できる場】,【発表練習ができる場】,【多様な形のコミュニケーションが可能な場】,【その他】の8 つの群が抽出された。得られた群を参照しつつ,文化的透明性概念を手がかりに,ラーニング・コモンズにおける学びと活用可能性について分析的に論じた。またLCの学びを分析する際の視点として,学習者にとっての学習概念の更新を促す「照射」の概念を取り入れることの有効性を論じ,LCの学習論の構築に向けた今後の展望を述べた。