著者

斉藤 功高

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.10, no.2, pp.61-79, 2000-02-01

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Convention of the Rights of the Child came into force in Japan on May 22 in 1994. The purpose of this paper is to examine how much influence it has had on the circumstances of children's rights before and after May 22 in 1994. First, it will examine precedents before ratification of the Convention of the Rights of the Child and circumstances of the children's rights. Though the Convention wasn't in force at that time, we can find some suits which plaintiffs submitted in accordance with the Constitution of Japan as tests for protecting their human rights. But, courts didn't adopt it because Convention wasn't ratified yet. Second, it will discuss precedents after its ratification and how the Convention of the Rights of the Child has had an influence on them. We cannot find the dierct influence of the Convention in precedents after its ratification. But, if it is possible to apply some clauses of the Convention to suits for children's rights directly, its importance will increase more and more. Even if it is impossible to apply it directly to a given situation, it is possible to apply it as a test of human rights in the Constitution.\n 子どもの権利を包括的に規定した条約として子どもの権利条約が国連で採択されたのは1989年11月20日であり、わが国が批准したのは、1994年4月22日、国内的に効力が発生したのはその年の5月22日である。 そこで、子どもの権利条約が国内的効力を持つに至った1994年5月22日を便宜的に境として、それ以前とそれ以後で子どもの人権状況に判例はどう関わってきたかを検証していく。 もちろん、子どもの権利条約は、国際人権規約の子ども版といわれるように、内容的に自由権規約25条の選挙権に関する規定を除けば、国際人権規約に規定されている47か条の実体規定をほとんど採り入れていると言われているので、国際人権規約が国内的効力を持つに至った1979年9月21日以降も同規約が子どもの人権に関する判例に影響を及ぼしていると推察できるが、ここでは、包括的な子どもの権利を直接規定した子どもの権利条約を基に国内における子どもの人権裁判状況を見ていく。 裁判における憲法と子どもの人権についての関わりは、家永教科書第2次訴訟の高裁判決(昭和50年12月19日)、いわゆる畔上判決において、憲法判断を回避して行政法レベルで処分違法を判示したように、子どもの人権裁判においても憲法判断を回避して下位規範による事案の処理の傾向があるように思われる。しかし、畔上判決が説示しているように、「具体的な争訟について裁判する場合に、法律、命令、規則等に則った判断と憲法の解釈いかんによる判断とがともに前提となる時には、まず前者の判断をなし、その判断を経たうえで、なおも具体的な争訟解決のために憲法の解釈が前提となる場合にのみ憲法解釈について判断するのが裁判所における憲法審査のあり方」であるので、真正面から憲法解釈をした判決は全体からみれば数は少ないが、憲法解釈がなされた場合については適宜示していく。また、子どもの権利条約を援用している判例内容についてはより詳細に見ていくこととする。

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.29, no.2, pp.11-26, 2019-01-31

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There is a sociology of qualitative social research based on theoretical information from a Canadian sociologist Dorothy Smith’s sociology of institutional ethnography. Researchers using these approaches examine social problems, and explicate how these social problems are built up, and what social relations organize these problems. Several preparations are needed to practice these social researches. One of such preparations is to consider the terms (keywords) referred to in practicing social researches. The keywords of D. Smith, standpoint theory, institutional ethnography, ruling relations are selected. We will see “who is Dorothy Smith”, “what is the standpoint theory”, “institutional ethnography” ,and “what are ruling relations” as follows. These terms are sources of reference to practices of social researches based on institutional ethnography. We believe these keywords are useful as practical tools for social researches.

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.29, no.1, pp.31-47, 2018-07-31

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This paper does not take voting against the UN resolution “36/... the death penalty” (A/HRC/36/L.6) at the 36th session of the Human Rights Council (in September 2017) as voting against the resolution condemning death penalty for homosexuality. By interpreting this resolution as the resolution of “the question of the death penalty”, this paper will examine implications for sexual orientation of the opposition of the Japanese government to this resolution through considering the Japanese government’ reasoning for casting a vote against this resolution in light of the fact that the Japanese government cast a vote against this resolution.

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.15, no.1, pp.47-56, 2004-07-01

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Development in the 1970s was promoted on an economic growth basis. But objections to the economic growth basis have been raised since the latter half of 1970s. Development came into question in terms of global environment problem, local residents' campaigns, quality of life, the north-south problem and so on. The relation between developing countries' development and global environment conservation is one of the most crucial issues on global problems. Development problems have focused on 'poberty' from`environment and development' through humanist `social development'. In the meantime the concept of`human development' has been used in the international organizations. `Human development' took a turn into gender equality. No doubt`women in development' approach has been promoted since 1970s. In the 1990s,`gender and development' approach was adovocated instead of`women in development', and`the mainstreaming of gender' has been tackled. This paper attempts to examine the issues on the concept of women in`gender and development' approach.

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.14, no.2, pp.113-124, 2004-02-01

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.14, no.1, pp.21-41, 2003-07-01

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.12, no.2, pp.69-79, 2002-02-01

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On June 26, in 2000 President Clinton announced at a historic White House ceremony that the international Human Genome Project and Cellera Genomics Corporation have both completed an initial sequencing of the human genome - the genetic blueprint for human beings. On the same day, the public and private groups that sequenced the human genome announced jointly that they have completed rough drafts of the human genome. President Clinton hailed the announcement as "the most important, most wondrous map ever produced by humankind." He said, "Today, we are learning the language in which God created life. We are gaining ever more awe for the complexity, the beauty, the wonder of God's most divine and sacred gift. With this profound new knowledge, humankind is on the verge of gaining immense, new power to heal. Genome science will have a real impact on all our lives - and even more, on the lives of our children. It will revolutionize the diagnosis, prevention and treatment of most, if not all, human diseases." The rough draft of the entire human genome is regarded as a first glimpse of the instruction book previously known only to God, and a powerful new tool to find cures for disease. On the other hand, there are worries over discrimination in education, employment, promotion, insurance contracts, marriage and so on because of gene diagnoses and gene treatments. The General Conference of UNESCO in 1997 adopted "the Universal Declaration on Human Genome and Human Rights" in order to ban such discrimination. Recently ethical problems concerning genes and the genome have been much discussed. These problems are concerned with eugenics, especially the issue of whether the new eugenics ethically allows gene enhancement. Should society be against this new eugenics or for it? This paper examines the argument about "the theory and ethics of genetic engineering society" by a philosopher of science.

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.11, no.2, pp.23-42, 2001-02-01

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Various research programs in the "new" sociology of scientific knowledge emerged in the latter half of 1970s. British sociologists such as Barnes, Bloor, Mulkay, Collins and so forth were challenging the Mertonian functionalist sociology of science. The aim of the new sociology of scientific knowledge has been to investigate and explain the "contents" of scientific knowledge per se. Ethnomethodological studies of scientific practices were surrounded by the emergence of these "new" programs in social studies of science. Although ethnomethodological studies of science have often been understood without being distinguished from these "new" programs, it seems that ethnomethodological studies differ from these programs in their perspective on language, science and action. In spite of their commitments to a supposedly "radical" view of scientific knowledge, the new sociologies use some conventional social science terminologies and explanatory formulae, and seem caught in a trap concerning the usage of ordinary language in social science and philosophy. Garfinke's ethnomethodology appears to advocate a complete departure from these conventional views of language and science which the new programs have taken over. We will make sense of ethonomethodological studies of science by reviewing how ethonomethodology sees the "new" programs. In this paper we would like to leave a port to the sea of argumentation by regarding ethnomethodologist M. Lynch's studies of science as leading light. Ethnomethodology's agenda is, according to Lynch, to reconsider what it means to produce observations, descriptions and explanations of something "actual." Garfinkel's program is not interested in explaining scientific facts by reference to the social context of their production. The program does not try to construct comprehensive models of activities and institutions. Its objective is to examine how scientific works are produced from the disciplinary-specific Lebenswelt of scientific projects. The aim is not to explain "discovery" as a matter of "social construction" but to try to gain a better understanding of scientific work.

著者

Shiino Nobuo

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.11, no.1, pp.71-77, 2000-07-01

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Cicourel tries to integrate structural conceptions with the contingencies of everyday social interaction. He understands social structure as accounts of situated social interaction. What is important to him is the way in which normative and situated representational devices are used to communicate human experiences and knowledge-claims of everyday social structure. He thinks that the understanding of social structure remains an accountable illusion of sociologists' common-sense knowledge unless we can reveal a procedural connection between interactional sequences among actors and structural framework. While the existing theory of status or role seems to provide a convenient shorthand for the observer to describe the actor's behaviour in social life, the notions of 'status' and 'role' as a structural feature of social order seldom point to the interactional consequences of everyday life. Cicourel thinks that any reference to the actor's perspective must cover both the researcher's and the actor's attempts to negotiate everyday activities or to organize socially acceptable behaviours over the course of social interaction in the situated settings. In this paper we examine Cicourel's social theory which deals with social interaction form within the actor's perspective over the course of the situated settings.

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.8, pp.79-86, 1998-01-01

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It is clear that there was an intimate relationship between ethnomethodology and conversation analysis in the 1960's, but latter-day conversation analysis may or may not have much to do with ethnomethodology. In the 1960's H. Sacks, together with H. Garfinkel, was explicating "demonstrably rational properties of indexical expressions." Certainly conversation analysis investgates "indexical expressions" by describing recurrent sequential actions in conversation and specifying formal rules for generating their organizational features, but its purpose is to develop a grammar for conversation. However, Garfinkel's ethnomethodological program is to investigate "the uses of grammar" (the uses of language). The original purpose in ethnomethodological studies was not to construct a formal structure of practical actions but to examine how formal structures are used in and as local courses of practical actions. Latter-day conversation analysis is not necessarily incompatible with ethnomethdological studies, but professionalized conversation analysis seems different from ethnomethodological studies in essential ways. This paper attempts to search for a possibility of ethnomethodological studies of social institutions by examining "professionalized" conversation analysis from the (postanalytic) ethnomethodological standpoint.

著者

椎野 信雄

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.7, pp.27-43, 1997-01-01

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This paper attempts to explicate what ethnomethodological studies of science and mathematics are by considering chapters 8 & 9 of Making Sense of Ethnomethodology written by an ethnomethodological sociologist, E. Livingston. He is a leading expert in the field of ethnomethodological studies of science. He took his Ph. D in sociology at UCLA by writing The Ethnomethodological Foundations of Mathematics. His second book , Making Sense of Ethnomethodology, was written as a general introduction to ethnomethodology (EM below) , clearly presenting the features and purposes of studies in EM. EM tries to respecify the fundamental problems and methods of social science research in a radical way. Because of the technicalities of the EM's literature, difficulties in gaining access to EM's original studies and many misinterpretations of EM's studies, many professional sociologists do not seem to have a good understanding of the features and practices of EM. Dr. Livingston says, "I know of no academic discipline that suffered more at the hands of its expositors than ethnomethodology." With this in the background, the text of this book discusses many topics in EM studies, ranging from embodied settings, naturally organized ordinary activities and the problem of social order, including an introduction to conversational analysis, to the work of proving a theorem in Euclidean geometry. It provides a readable account of extended ethnomethodological studies. In Chapter 8 a statistics exercise is discussed and Chapter 9 is a self-contained introduction to EM. This chapter is said to be readable independently of the statistics exercise and to be central to the entire book.\n 本稿は,エスノメソドロジー的社会学者,エリク・リヴィングストンの著書『エスノメソドロジーを理解する』の第8章と第9章を素材にして,科学・数学のエスノメソドロジー研究とは何かを検討する試みである。彼は『数学のエスノメソドロジー的基礎づけ』でUCLAからPh. Dを取得した科学のエスノメソドロジストの第一人者である。『エスノメソドロジーを理解する』は,エスノメソドロジー(以下EMと略)へのわかりやすい一般的な入門書として書かれたものであり,EM研究の性質と目的を明確に,妥協せず紹介している。EMは,社会科学研究の基礎問題や方法のラディカルな再特定化を提示しているが,エスノメソドロジストの著作の専門性や,原型のEM研究に接触することの困難性,およびEM研究についての多くの誤解や曲解のために,一般の社会学者もEMの性質や実践を十分には理解できていないと思われる。「EMほど,解説者の手を通してひどい目に会ってきた学問分野を私は知らない」とは,リヴィングストンの言葉である。このような背景において本書のテクストは,具体的な場面・「自然に編成された普通の活動」・社会秩序問題からはじまり,会話分析入門を含んで,ユークリッド幾何学の定理の証明ワークの記述まで扱っており,広範なEM研究についての読みやすい説明を与えてくれるものである。そして本書の第8章は「統計学の練習問題」を論じており,第9章は自己充足的なEM入門であり,「統計学の練習問題」から独立して読むこともできる本書の中心部分なのである。

著者

丸山 鋼二

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.6, pp.93-118, 1996-01-01

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This paper aims to explain a characteristic of contemporary Chinese politics, that is, how the reins of Chinese administration are held in the hands of a few authoritarians and its politics under the rule of the Chinese Communist Party (CCP), which is dependent on the armed forces. This is done by analyzing how the top leadership of the CCP coped with the early situation of the Tian' anmen Crisis in 1989. My analysis focusses on the activities of major six actors : (1) Deng Xiaoping as Supreme Leader, (2) the Standing Committee of the Political Bureau (SCPB) of the CCP as the highest decision-making organ, (3) Yang Shangkun and Wang Zhen as Deng's private sworn friends, (4) the Beijing Municipal Committee (BMC) of the CCP, (5) the State Committee of Education, and (6) the Student Democracy Movement. In power struggles such as the Tian' anmen Crisis, the most important factor for each hostile division contending for supremacy was how to have influence upon Deng's attitude and get his support. It is difficult to analyze Deng's political thought, because it is a compound of some contradictory elements such as realism, pragmatism, rationalism and a patriarchal temperament which supports military oppression. On April 24 the BMC sent an appeal to the SCPB to enforce rigid regulations against the student movement. That night it was accepted by the SCPB with enlarged membership which included the secretary-general of the party, Zhao Ziyang, at that time visiting North Korea. Conservatives in the Party finally succeeded in changing Deng's attitude and getting his support. Deng's patriarchalism and military tendencies predominated over his rationalism. He concluded to label the student movement a "disturbance". In accordance with Deng's attitude, the Ren-min Ri-bao (People's Daily) ran an editorial entitled "Stop the Disturbance with a determined attitude" on April 26. On reflection, this early synopsis of taking a hard-line attitude against the student movement was written by Deng himself, including the appeal of the BMC which was faithfully written according to Deng's intention from the beginning.

著者

金井 恵里可

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.10, no.2, pp.81-98, 2000-02-01

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It goes without saying that the access on roads near one's residence is essential to every person's life. Nevertheless, the passage of highways has been thought to be die ?ffentlichen Sachen im Gemeingebrauch and not the exercise of public right in Japan. On the other hand, since the Supreme Court judged that the obstruction of traffic on the highway implies the infringement of "the right to freedom of passage" in 1964, lower courts have accepted the idea of the private right to access. But the right is not admitted to be public one, so it is difficult to claim the illegitimacy of highway administration. To the contrary, on the privately owned and administrated quasi-highways--it might be a highway administration system peculiar to Japan--, passage restrictions by the private administrator are frequently judged to be infringements of "the right to freedom of passage". This article aims to make clear that the passage of highways can be an exercise of public right in the comparison with "the right to freedom of passage" as a private right to access and as a right which can be asserted against the private administrations of quasi-highways.

著者

坪田 典子

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.17, no.1, pp.29-43, 2006-07-01

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It happened at Fushun, China. After 5 year-sentence to POW Camp at Siberia, northern part of the former Soviet Union, around 1000 Japanese soldiers were sent to Fushun, China as war criminals in 1950. At that time they all stubbornly refused to admit they committed war crimes and pleaded not guilty because they were under the control of the upper command and the rule of the Emperor system of Japan. However, during their stay at Fushun, they themselves made major changes personally. They recognized their war crimes and confessed their sins to Chinese war sufferers. They sincerely apologized to the Chinese for their aggression and all war crimes that they committed. They analyzed their war acts and why they became invaders and committed crimes. They began to live the rest of their lives with a burden of responsibility for their sins, working for peace, anti-war, making better relationships between China and Japan. Using the data from the former Japanese war criminals' stories, I have discussed why they changed thoroughly at Fushun, and analyzed it using the key conception of "judgment" that Hanna Arendt discussed as the key concept in her book of EICHMANN IN JERUSALEM.

著者

山田 寿則

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.28, no.1, pp.141-161, 2017-07-31

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In this paper we will examine the legal situation on the threat or use of nuclear weapons andhow the legal argument progresses under the humanitarian approach to nuclear disarmamentas preliminary observations for the treaty to prohibit nuclear weapons on which now are undernegotiations.The upcoming treaty is based on the assertion that it is legally required to identify and pursueeffective measures to fill the legal gap for the prohibition and elimination of nuclear weapons. Butwith regard to the threat or use of nuclear weapons, there is no gap in the law. International Courtof Justice (ICJ) identified several legal principles and rules applicable to nuclear weapons in its1996 Advisory Opinion. Its “non liquet ” on “an extreme circumstance of self-defence” was causedby inappropriate application of the principles and rules to nuclear weapons inadequately for somereasons.All Nuclear Weapon States explicitly or implicitly acknowledge the application of internationallaw, and especially international humanitarian law (IHL) to nuclear weapons. Under the discourse ofthe humanitarian approach to nuclear disarmament, many states and commentators also insist theiropinions on the premise of applicability of IHL. There is gap not in the law, but in application of the law.Against this legal background, the upcoming treaty should be carefully formed to strengthen thelaw against nuclear weapons.

著者

山田 寿則

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies Bunkyo University (ISSN:09173072)

巻号頁・発行日

vol.28, no.2, pp.103-125, 2018-01-31

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On July 7, 2017, Treaty on the Prohibition of Nuclear Weapons (TPNW) was adopted at theUnited Nations Conference to Negotiate a Legally Binding Instrument to Prohibit Nuclear Weapons,Leading Towards their Total Elimination. This paper examined each preamble paragraph or articleof the treaty in order to make it clear what feature the treaty has. To begin with, TPNW is based onthe so called Humanitarian Approach to Nuclear Disarmament, which attempts to stigmatize, prohibitand abolish nuclear weapons. Besides this, the treaty has an opportunity to de-legitimatize them.Secondly, TPNW compliments and reinforces the Non-Proliferation Treaty (NPT). Lastly, TPNWembodies the entry point for Nuclear Weapon Free World. However, there are some strong argumentsagainst TPNW: non-effectiveness, breaking down the NPT regime and disregarding national security.TPNW needs to address those challenges in order to attain and maintain the world without nuclearweapons. We will see the entering into force of the treaty in coming years. At the same time, the focusof nuclear disarmament and non-proliferation is in the relationship between TPNW and NPT in thecourse of current review cycle of NPT to 2020.