著者

ウド ヤンソン 平松 毅

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.50, no.2, pp.461-472, 1999-06-30

著者

善教 将大 Masahiro Zenkyo

出版者

関西学院大学法政学会

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.66, no.1, pp.109-136, 2015-05

著者

森脇 俊雅

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.58, no.1, pp.344-321, 2007-04

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The purpose of this paper is to explore the power relationship between mayor and local assembly in pre-war Japan. It is often said that mayor is more powerful than local assembly in contemporary Japan. However, it had been said that local assembly was more powerful than mayor in pre-war Japan. Why local assembly was so dominant in pre-war Japan? This paper attempts to explain the relationship by studying the selection process, term and background of mayor. 1 The Purpose of This Paper 2 Local Government System of Pre-war Japan 3 Selection of Mayor 4 Governors and Mayors of 6 Prefectures in Kinki Area 5 National Trends 6 The Cases of Conflict between Mayor and Local Assembly 7 Conclusion

著者

山本 健太郎 Kentaro Yamamoto

出版者

関西学院大学法政学会

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.64, no.3, pp.972-945, 2013-11

著者

前野 育三

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.41, no.4, pp.707-741, 1990-12-20

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1. The daily life of citizens and the police 1) Public peace-its two aspects The duty of the police is to maintain the safety of the life, body and property of people. This is called "chian (public-peace)" in Japanese. The Japanese word "chian" is used in two meanings. A first is the safety of citizens' life. A second is to preserve a political order that the governing classes request. Activities of the police are concerned in both the sides, as the word "chian" has two meanings mentioned above. The police has so big an authority and equipment that democratic control is important. 2) Characteristics of the Japanese police Many people point out that the Japanese police conciders it important to stick to citizens, and esteem service activities to a citizen as characteristics of the Japanese police. Activities of police box (koban) in Japan are pointed out as significant by Walter L. Ames and David H. Bayley. But the esteem of the service activities is the only one side of the Japanese police. It has a political character in another side. 3) The police as a power organization We can not imagine a modern society without police. It is expected that the police system expands still more. The expansion of the police system easily invites the expansion of abuse of the police power. It will be adequate to distinguish the abuse of the power in the process of the legitimate police activity and the political police activity. 2. The abuse of the police power 1) Juvenile police The Juvenile law has a policy to restrain the police power to the minimum. However, juvenile police activities are spreading to the wide range of juvenile "protection", today. And they produce numerous human right infringement cases in the process of the "protection" on one hand and the investigation on the other hand. 2) Traffic police It is the traffic police division that has the closest relation with citizens. It gives rise to many cases where an ordinary nonpolitical citizen has antipathy to the police. 3) Detective police The four cases that changed from capital punishment sentence to acquittal with a review continued. They showed that a innocent person could be convicted to a capital punishment. It is obvious that courts are finally responsable for these error convictions. But the original cause is found in a process of an investigation on the part of police. Illegalities and defects of an investigation bring forth error conviction. Especially an evil of an overestimating a confession in investigation must be pointed out. It is admitted in Japan that a police detention cell is a substitute for a jail. It is a hotbed of false confessions. 4) Self-righteous attitude of the police We observed infringements of human rights by police in various aspects. The biggest problem is the self-righteous attitude of the police whose infringements are pointed out. The police protects a policeman who infringes human rights and it does not accept criticism from the outside. It is even hostile to a citizen that protests against the infringement. Such an attitude of the police is generated from the lack of respect for human right and citizen sense. The insufficiency of the inspection within the police organization encourages it. And the fact that the police is an especially powerful organization makes it possible. 3. Political police "Public safety" is easily changed to the maintenance of a political profit of a particular governing class. The political police can not be restricted to activities of one division. The political police watches out for the political activities including meeting/association of citizens. Such activities can not be justified under the Constitution that secures people sovereignty principle and a basic human right. A watchout activity of the political police is mainly directed to a labor union and a reformist party. The Japanese police as a whole has a trait peculiar to the political police. 4. Emphasis on the community relations The emphasis on the commun

著者

高橋 裕 Hiroshi Takahashi

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.62, no.1(下), pp.157(784)-195(746), 2011-04-20

著者

柳内 隆

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.32, no.1, pp.293-340, 1981-03-27

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Aujourd'hui, on fait beaucoup de critiques sur la theorie d'Althusser, lesquelles se montrent en deux tendances; l'une est du groupe des sympathisants d'Althusser, par exemple J. Ranciere et E. Balibar. Ils apprecient, au fond, la theorie d'Althusser, mais leurs critiques tendent a sa theorie de l'ideologie et de l'Etat. Ils pretendent qu'il n'y a pas, theoriquement' d'attitude en rapport avec la lutte de classe. L'autre tendance de critiques se trouve en ceux qui refusent la doctorine d'Althusser en definissant sa methodologlie comme structuraliste (H. Lefevre et J. Lewis). Dans cet article nous allons examiner principalement le premier cas et, en analysant les oeuvres : "Ideologie et Appareils ideologiques d'Etat" (L. Althusser), "Sur la theorie de l'ideologie d'Althusser" (J. Ranciere), et "Etat, Parti, Ideologie" (E. Balibar), nous allons considerer le probleme de l'Etat moderne. Introduction I La Theorie de l'Etat et de l'ideologie chez Althusser II La critique de Ranciere sur la theorie d'Althusser III L'etude de la theorie de l'Etat chez Balibar -sur <<Etat, Parti, Ideologie>>- (1) Pas de <<theorie de l'Etat>>? (2) Les deux reptures (3) Du <<parti-conscience>> au <<parti-organ isation>> (4) De l'organisation au l'ideologie (5) Ilussion ou inversion politique Conclusion

著者

長岡 徹 Toru Nagaoka

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.64, no.4, pp.299(1398)-327(1370), 2014-02-28

著者

長岡 徹

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.55, no.4, pp.675-708, 2004-12-30

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1 Why Separation? (1) Purpose-Medium Relation Argument (2) Religious Liberty Argument (3) Democracy and the Separation of Church and State 2 Standard Views on Religious Clauses (1) Standard History of Establishment Clause (2) "A Bill for Establishing Religious Freedom" and "Memorial arid Remonstrance" (3) Evangelicals Views on "Wall of Separation" 3 Meanings of Establishment in Late 18th Century (1) States without Establishment (2) New York (3) South (4) New England 4 Character of Separation Argument (1) Separation as Accusation (2) Republicans' Demands for Separation (3) "Wall of Separation" Rhetoric 5 Conclusions

著者

永田 秀樹 Hideki Nagata

出版者

関西学院大学法政学会

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.69, no.1, pp.129-164, 2018-06

著者

神戸 秀彦 Hidehiko Kanbe

出版者

関西学院大学法政学会

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.67, no.1, pp.167-199, 2016-05

著者

河野 通弘

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.36, no.1, pp.71-119, 1985-03-20

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It seems to be very difficult in the Japanese criminal procedure that the accused has an opportunity to controvert the propriety of the issued warrants in the proceedings before trial. In the American judicial system, however, the defendant aggrieved by an unreasonable search or/and seizure with a warrant may make the challenge to the "sufficiency" and "veracity" of the affidavits underlying the warrant in the pre-trial suppression hearings. The author intends to clarify what principles base the right of challenge to warrants through the examination of informant's cases in the United States of America, and thereby help the solution of the same problem in the Japanese criminal justice. This paper is contended as follows : Introduction I. Preliminary Considerations 1. Pre-trial Proceedings in Federal System 2. Informants II. Challenge to Warrants 1. Availability of Hearsay Evidence in Warrant Affidavits 2. Challenge to the Sufficiency of Affidavits (1) Sufficiency Challenge (2) Two-pronged Test for Probable Cause 3. Challenge to the Veracity of Affidavits (1) Cases before Franks v. Delaware (2) Franks Decision III. Principles of the Right of Challenges Conclusion

著者

岡 俊孝

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.37, no.2, pp.279-315, 1986-06-30

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The first three chapters of this study have been printed in the last issue of this journal, in which the author made it appear that since the spring of 1932 the Fascist Italy's designs for the Ethiopian conquest had gradually found a shape and that in the fall of 1934 Mussolini and his Ministries of Colony and Foreign Affairs as well as the Military Services had assumed that they would open war against Ethiopia within two years or so. He also showed that the leadership of the Italian government had regarded it as of primary importance for its foreign policy to obtain the British and French consent before the conquest. In the third chapter, he traced the development of Mussolini's negotiations with Great Britain and France in the first half of 1935 and found that Fascist Italy had hardly been able to obtain the British agreement. In the fourth and fifth chapters, the author examines the way in which Italy's image of Great Britain was confused through the summer of 1935 and how and why the relations between the two powers were growing more strained. The author's paper consists of following chapters : I. Introduction. II. Fascist Italy's Designs for the Ethiopian Conquest. III. Mussolini's Negotiations with Great Britain and France. IV. Change of Italy's Image of Great Britain-from Confusion to Confrontation. V. Anglo-Italian Tensions and Mussolini's Vacillasion. VI. The Brink and Escape from Collision. VII. The Structure of the Mediterranean Crisis-A Chicken Game. VIII. Conclusion.

著者

岡 俊孝

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.37, no.1, pp.1-34, 1986-03-20

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Since the unification of the Italian Peninsula, friendly relations with Great Britain had been one of the basic principles of the modern Italian foreign policy. In the Fascist era, this principle remained a pivot of Italy's foreign policy until the Ethiopian crisis of 1935. Although it had been no secret for many months that Benito Mussolini was preparing the conquest of Ethiopia, Great Britain did not venture to prevent the disaster until the summer of 1935 when she finally decided to reinforce the Royal Navy in the Mediterranean by sending a great number of vessels of her Home fleet thereto. This British decision and Mussolini's reaction to it threatened the longtime good relations between Italy and Great Britain. This paper proposes to examine the nature of this Mediterranean crisis between these two powers, both of which had vital interests in this region. In particular, this study is a reexamination of Fascist Italy's motivations, purposes, and tactics in this crisis as well as the British 'appeasement' policy toward Italy on the eve of the conquest of Ethiopia. The author's paper consists of following sections : I. Introduction. II. Fascist Italy's Designs for the Ethiopian Conquest. III. Mussolini's Negotiations with Great Britain and France. IV. Change of Italy's Image of Great Britain-from Confusion to Confrontation. V. Anglo-Italian Tension and Mussolini's Vacillation. VI. The Brink and Escape from Collision. VII. The Structure of the Mediterranean Crisis-A Chicken Game. VIII. Conclusion. The first three chapters of this study are in this issue; and the latter part will appear in the next issue of this Journal.

著者

岡 俊孝

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.38, no.4, pp.609-654, 1987-12-20

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This is the third and last part of the author's paper on the Mediterranean crisis between Italy and Great Britain just prior to the outbreak of Mussolini's aggression of the Ethiopian Empire in the autumn of 1935. In the sixth chapter, entitled 'The Brink and Escape from Collision', the author describes, first, how the conflict escalated in mid-September after Foreign Minister Hoare made a speech before the League Assembly and the British naval power was reinforced in the Mediterranean, and then, how the Anglo-Italian dispute de-escalated at a fairly rapid rate in the end of September. In the seventh chapter, the author describes the structure of the Mediterranean crisis at its final stage as a game of 'chicken' for both sides, and explains why the participants of this crisis could reach a solution, temporary though it was, employing bargaining strategies through conciliatory influence efforts by each. The author's paper consists of following chapters : I. Introduction. II. Fascist Italy's Designs for the Ethiopian Conquest. III. Mussolini's Negotiations with Great Britain and France. IV. Change of Italy's Image of Great Britain-from Confusion to Confrontation. V. Anglo-Italian Tensions and Mussolini's Vacillations. VI. The Brink and Escape from Collision. VII. The Structure of the Mediterranean Crisis-A Chicken Game and Bargaining. VIII. Conclusion.

著者

秋元 洋祐 Yosuke Akimoto

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.62, no.4, pp.45(2000)-117(1928), 2012-01-20

著者

岡本 仁宏

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.48, no.2, pp.423-452, 1997-06

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There are many considerable disagreements about the concept of 'civil society'. Those disagreements represent some basic problems, which we describe in this article. Here we try to theorize relationships between civil society and four basic concepts : market, religion, family and state/politics. Also the traditional Japanese works on civil society are discussed with reference to the recent context of arguments on it. Finally we comment on how civil society arguments will enrich our attempt to grasp theoretically and revitalize liberalism. contents introduction 1. Some points to be considered for defining the concept of civil society 1-1 The relation between market and civil society 1-2 The relation between religion and civil society 1-3 The relation between family and civil society 1-4 The relation between state, politics and civil society 2. The relation with Japanese traditional arguments about civil society 3. The recent context of attentions to the concept of civil society 4. The relation with liberalism conclusion

著者

足立 忠夫 加藤 一明 山崎 克明 坂本 勝

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.19, no.2, pp.85-135, 1968-06

著者

川崎 英明

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.58, no.1, pp.55-83, 2007-04

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One of the contemporary issues in modern criminal procedure is whether a police officer may investigate any person whom he has reasonable grounds to suspect of committing a crime. I researched the Horikoshi-Case in examining this issue. In this case a civil servant handed out political leaflets in violation of the national public servant law that prohibits civil servants from participating in political movements. A prosecuter filed an indictment against him. In the investigation by the police before the indictment, police officers had been following and video-taping him for 29 days. This case has two disputed points. One is the question of whether a police officer may investigate any person whom he has reasonable grounds to suspect of committing a crime, which in this case is the act of handing out political leaflets. The other is the question of the legality of following and video-taping as a means of the investigation, which may invade a person's privacy. In my opinion, the constitutinal law and the criminal procedural law don't permit police officers to begin an investigation before a crime is committed. Therefore, the investigation in this case is not only an invasion of privacy but also illegal. This paper consists of following sections. 1 The problems of the Horikoshi-Case. 2 Examination of the investigation of this case. 3 Can police officers begin to investigate before a crime is committed? 4 The illegality of following and video-taping as a means of the investigation. 5 Conclusion.

著者

山本 健太郎

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.58, no.3, pp.1012-941, 2008-01