著者

横藤田 誠

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.42, no.1, pp.87-121, 2018-07

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Not all governmental acts that infringe the rights guaranteed by the Constitution are declared unconstitutional. In particular, in the case of disadvantaged people such as the mentally disabled people, regardless of whether their human rights are clearly infringed, there are many cases that are not considered serious problems legally or socially. Why was human rights not guaranteed to people with mental disorders? This article is intended to obtain an answer to this question by overviewing the historical developments of human rights protection for the mentally disabled in the United States and in Japan.Disadvantaged people have weaknesses in society in the sense that they need close involvement with others and the society to fulfill their lives. Also, although not all disadvantaged people, some children, elderly people, and disabled people have weaknesses as subjects in the sense that their decision-making abilities are not sufficient. People with mental disorders seem to be strongly equipped with these two weaknesses. No one says that people with mental disabilities do not enjoy human rights, but there is no doubt that human rights have been suppressed for many years in psychiatric care.Over the past several decades, the two models were intensely confronted with respect to psychiatric care: the "medical model" that puts the greatest value to health and the "human rights model" that emphasizes autonomy and equality. The United States has led the human rights model. On the other hand, Japan is firmly rooted in the medical model based on the culture that emphasizes community rather than individuals.In the United States, the compulsory hospitalization system which passed through trial and error from the colonial era had finally begun to be critically considered from the constitutional point of view on the courts and legislatures in the late 1960s.Many state laws provided "imminent danger to self and others" of the substantive requirements of hospitalization and procedures similar to criminal proceedings. The tendency of such state laws was the minimum necessary condition to harmonize the compulsory hospitalization system and the constitution. But society that witnessed former hospitalized patients who were homeless in large cities lost confidence in the correctness of legal reform and began to explore new ways. In some states, there has been a movement to make the substantive requirement relax again.Regarding the substantive requirements and the hospitalization procedures as well, it seems that the conclusion is influenced by the difference in the basic way of thinking with regard to the compulsory hospitalization system as follows, whether to emphasize liberty of mentally disabled people or whether to value welfare (health) of them.

著者

吉中 信人

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.34, no.3, pp.192-174, 2011-01

著者

薜 化元

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.32, no.2, pp.19-49, 2008-10

著者

Hilaire Jean 小梁 吉章

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.30, no.4, pp.172-129, 2007-03

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本稿は,フランスの法律雑誌「仲裁雑誌」 (Revue d'arbitrage)に2000年に掲載された論文, L'arbitrage dans la période moderne (XVIe-XVIIIe siècle)の翻訳である。

著者

何 妨容

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.44, no.1, pp.180-159, 2020-07

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This paper focuses on the discussions about the care services for elderly people during the introduction of Long-Term Care Insurance in Japan.To resolve the problem of nursing care socialization and the associated financial challenges, in 2000, Japan introduced Long-Term Care Insurance under the Ministry of Health and Welfare, through political processes such as agreements with stakeholders, ruling examination, and diet process. Although the Ministry of Health and Welfare initially intended to examine how elderly care should be provided and how to protect financial security and develop a social care system, the discussion mostly focused on financial security and the social insurance system.As a result of the inadequate debate about elderly care service during the introduction of the system, several new social problems occurred, accompanied by the rapid increase in the elderly population, weakened family function, and the increase of new forms of unconventional families. For example, the number of elderly people waiting to occupy the intensive care home is increasing rapidly, especially in the urban areas. The number of family members who have to quit their jobs for family care is also increasing.

著者

張 軍平

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.42, no.4, pp.116-94, 2019-03

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Following the Second World War, Yasuhiro Nakasone was highly critical of Prime Minister Shigeru Yoshida's foreign policies, including the Japan-US Security Treaty, and actively campaigned for an increase in Japan's self-defense capability and related amendments to the constitution. However, as an opposition member, Nakasone could not directly engage in formulating policies. On 10 December 1954, the inauguration of Ichiro Hatoyama's Cabinet brought an end to Nakasone's time in opposition. Nakasone served as Defense Minister in the Cabinets of Hatoyama, Ishibashi, Kishi, Ikeda, and Sato. He also served as Secretary of the Science and Technology Agency in the Second Kishi Cabinet, and as Chairman of the Atomic Energy Commission and Transport Minister in the Sato Cabinet.As a ruling party lawmaker and Minister of State who was determined to change Japan's security policy, Nakasone explored a range of issues including constitutional amendments, peaceful uses of nuclear energy, space development, and the Okinawa problem. This paper examines his involvement, and evaluates changes in his arguments and his role, thereby filling some of the gaps in research on Yasuhiro Nakasone.

著者

金 鉉善

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.35, no.3, pp.136-105, 2012-01

著者

榎 久仁裕

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.32, no.1, pp.71-85, 2008-06

著者

神代 貢志

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.40, no.3, pp.184-167, 2017-01

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The biggest issue today in Brazil is the investigation into the huge corruption case called "Operation Jet Wash." During the process of investigation, numerous executives and politicians, including the former president, have been arrested. The main source of evidence to prove the suspects' guilt comes from the bargaining system in Brazil called "colaboração premiada"or "delação premiada." Today, "Operation Jet Wash" and the Brazilian bargaining system are not only a domestic issue for the criminal justice system, but also one of the biggest international issues affecting the economy. The arrest and testimony of the ex-director of the national oil company "Petrobras" has led to accusations against numerous executives and politicians. As a result, the domestic administration of Brazil became unstable and the economy fell into recession. It is therefore important to research the bargaining system that caused such a huge issue. In this article, we focus on the relationship between the bargaining system and organized crime in Brazil. Is the bargaining system in accord with the principles of Brazilian criminal justice system? Two topics in particular are highlighted: the adversary system in Brazil and the legal enforceability of criminal persecution. There are two main schools of thought with regard to the Brazilian bargaining system, those who agree and those who disagree with the operation of the system. Finally, I give my opinion from the view of comparative law.

著者

岩尾 直哉

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.45, no.2, pp.102-75, 2021-10

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In recent years, U.S. federal prosecutors have shifted their stance from prosecuting and convicting large corporations to dropping charges in exchange for promises to reform corporate governance structures. In the field of corporate crime, prosecutorial goals are sometimes grander, with prosecutors seeking to reform the way companies do business going forward. This paper examines the Deferred Prosecution Agreement (after this referred to as DPA) and Non-Prosecution Agreement (after this referred to as NPA) for corporate crime in the United States.The grand jury (U.S. District Court for the Southern District of Texas) indicted an accounting firm, Arthur Andersen LLP, in federal court for obstruction of justice. It badly damaged Andersen's reputation, causing many clients to abandon the firm, and its eventual conviction led to the loss of its auditing license. Although unanimous Supreme Court Justices later overturned the conviction, the original indictment and conviction had already crippled Andersen beyond recovery and resulted in the loss of 75,000 jobs.Many firms have taken away the lesson of avoiding criminal charges and the disastrous collateral consequence in response to this result. Prosecutors would also prefer to avoid the hard choice of either letting companies off the hook or indicting them when it could mean another Andersen-like collapse and substantial harm to innocent shareholders and employees.Thus, we have entered an era in which prosecutors and corporations are choosing the third option. Some countries have introduced this system.Japan is no exception. Indeed, Japan does not currently have a DPA/NPA, but it uses plea bargaining against corporations. The Japanese criminal justice system began a new leaf according to an amendment to Japan's Criminal Procedure Code in May 2016. In marked contrast to the plea bargaining system in the U.S., the Japanese system is only available to individuals/companies who provide evidence or testimony with the charges against or crimes of other individuals or corporate entities.Finally, the author discusses whether the Japanese version of plea bargaining works correctly, referring to the discussion in the United States.

著者

横山 信二

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.34, no.1, pp.266-230, 2010-06

著者

手塚 貴大

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.44, no.2, pp.230-212, 2020-10

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Diese Arbeit behandelt einen Teil über Grundsteuerreform in Deuschland 2019. Die wichtige Punke sind Gründe für die Reform, Vereinfachung einer Methoden von Vermgensbewertung, Gestaltung von neue Kategorie "Grundsteuer C" u.s.w.

著者

金 鉉善

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.41, no.1, pp.50-41, 2017-06

著者

金 鉉善

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.40, no.4, pp.10-1, 2017-03

著者

平野 敏彦

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.16, no.1, pp.p207-249, 1992-04

著者

井上 幸希

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.40, no.4, pp.124-99, 2017-03

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In this article to consider the problems of harmful book regulation once, we first explain the established background and content of the Youth Protection Education Ordinance, and review the legislative facts of the ordinance. Based on the opinions of Supreme Courts of United States and Japan, we will examine the constitutionality of harmful book designation and the clarity of harmful book regulation.

著者

山邨 俊英

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.43, no.1, pp.200-143, 2019-06

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The debate on hate speech regulation in Japan tends to subdivide the context of hate speech. Constitutional Law Scholar Yuji Nasu categorized such discussion into (a)content, (b)subject. (c)medium, (d)mode of expression, (e)measures to regulate, (f) place.According to this categorization, this Article considers a discussion about categorization of (b)subject. Especially, this Article focuses on Political Theorist Matteo Bonotti's argument. His major concern is the place of political parties in political theory, not hate speech regulation. However, his argument on hate speech regulation mainly focuses on hate speech by elected partisans (that is, citizens who participate in politics through political parties) and partisans running for office.By examining his argument, this Article aims to obtain the hint for the debate on hate speech regulation in Japan. His argument shows that we need to take into account special commitment and constraint of partisan speech, when considering partisan hate speech.

著者

井上 一洋

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.39, no.4, pp.198-174, 2016-03

著者

森辺 成一

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.14, no.2, pp.p205-245, 1990-10

著者

鳥谷部 茂

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.39, no.3, pp.254-233, 2016-01